What is probate?
When a person passes away, their assets and liabilities are dealt with in accordance with their will, if they have one. Their will appoints a person to be responsible for distributing their assets, called an executor.
For some assets, for example transferring the registration of a motor vehicle, the executor simply needs to show the death certificate as evidence that they are authorised to deal with the asset.
However, the executor requires additional authorisation to deal with some assets, particularly real estate, and bank accounts containing over a certain amount of money.
For these assets, the Executor requires a Grant of Probate from the Supreme Court. A grant of probate is evidence that the will of the deceased has been proven and the executor has the authority to deal with all assets in the estate.
I am an executor. How do I obtain a grant of probate?
You will need to lodge an application with the Supreme Court, along with the original will. The application needs to set out all of the assets and liabilities of the deceased person. We can do this for you.
How much does it cost?
The Supreme Court charges a fee for lodging an application for probate. The fees are on their website and are generally increased on 1 July each year.
Dowley Family Law can manage the process of obtaining a Grant of Probate for you. We charge a low fixed fee as follows:
|Value of estate||Our fees||Supreme Court filing fee (as at 1 July 2017)||Total|
|$200,000 or less, with 5 assets or less||$800.00||$780.00||$1,580.00|
|$200,000 or less, more than 5 assets||$1,000.00||$780.00||$1,780.00|
|Between $200,000 – $500,000||$1,300.00||$1,560.00||$2,860.00|
|Between $500,000 – $1,000,000||$1,600.00||$2,079.00||$3,679.00|
|More than $1,000,000||$1,600.00 – $3,000.00 depending on number of assets (fee will be fixed at first appointment)||$3,118.00||$4,718.00- $6,118.00|
Our fees can be deferred until assets from the estate are realised, paid in instalments or paid using Centrepay.