Probate Fee
Calculator Australia 2026
Estimate the Supreme Court probate filing fee for every Australian state and territory (FY2026-27) — from Western Australia's flat $418 to Victoria's value-based scale. Enter one estate, compare all 8 jurisdictions. Australia has no inheritance or death tax.
Read the full answer — method, rates and figures
Quick answer: Australia has no inheritance, estate or death tax — probate is only a Supreme Court filing fee, ranging from a flat $418 in Western Australia to a value-based scale topping out at $17,770.80 in Victoria for estates over $7 million. On a $1,000,000 estate the grant fee is $418 in WA, $847.60 in Queensland, $1,548 in the Northern Territory, $1,713.04 in Tasmania, $2,538.70 in Victoria, $2,663 in NSW, $2,715 in South Australia and $2,961 in the ACT.
Only assets passing under the will are counted — superannuation with a valid binding death benefit nomination, property held as joint tenants, and life insurance paid to a named beneficiary bypass probate. The catch: super paid to a non-tax-dependant such as an adult child is still taxed at up to 17%, which usually dwarfs the probate fee.
Sources: state Supreme Court fee schedules effective 1 July 2026.
Everything owned at death that passes under the will: home, bank accounts, shares, investment property, vehicles. NSW, VIC and TAS count only assets in that state.
Super with a valid binding death benefit nomination, property held as joint tenants, life insurance paid to a named beneficiary. These pass outside the estate.
New South Wales · value subject to probate: $700,000
$1,999
estimated grant of probate filing fee
How it's calculated
- • Gross NSW estate $700,000 falls in the "$500,000 to under $1,000,000" band → filing fee $1,999.
- • Add ~$59 for each required online notice; assets outside NSW are excluded.
Plus roughly $59 to publish each required online notice (notice of intended distribution and the notice of intention to apply). Assets outside NSW and, in most cases, super and life insurance paid to a beneficiary are excluded from the value.
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Probate filing fee
$1,999
Subject to probate
$700,000
Gross estate
$900,000
State
NSW
Same estate, different state
On the same $700,000 estate, Western Australia's flat fee is $418 — while NSW charges $1,999 and the ACT $2,224. The gap is hundreds to a couple of thousand dollars, not the six-figure swings you see overseas — because Australia has no death tax, only a court filing fee.
Probate filing fee on the same $700,000 estate in every state and territory (highest first):
| Jurisdiction | Fee schedule | Fee | % of estate |
|---|---|---|---|
| South Australia | $1,020 up to $200k, $2,038, $2,715, then $4,075 over $1M | $2,715 | 0.388% |
| Australian Capital Territory | Waived under $50k, then $1,164 to $2,961 over $1M | $2,224 | 0.318% |
| New South Wales | Sliding scale: nil under $100k, up to $7,399 over $5M | $1,999 | 0.286% |
| Northern Territory | Flat $1,548, any estate size | $1,548 | 0.221% |
| Tasmania | $548.80 under $50k, rising to $2,338.28 over $5M | $1,352.40 | 0.193% |
| Victoria | $0 under $250k, rising to $17,770.80 over $7M | $1,088 | 0.155% |
| Queensland | Flat $847.60 (concession $154.70), any estate size | $847.60 | 0.121% |
| Western Australia | Flat $418 — the lowest in the country, any estate size | $418 | 0.060% |
Flat-fee states (QLD, WA, NT) charge the same regardless of estate size. NSW, VIC and TAS assess only assets located in that state. Publication/notice fees ($38–$63) and any solicitor costs are not included. FY2026-27 schedules, effective 1 July 2026.
How much are probate fees in Australia?
Probate in Australia is a Supreme Court filing fee, not a tax — there is no inheritance or death duty anywhere in the country. The fee ranges from a flat $418 in Western Australia (the cheapest) and $847.60 in Queensland, through value-based scales in New South Wales, Victoria, South Australia, Tasmania and the ACT. On a $1,000,000 estate that means about $418 in WA, $847.60 in Queensland, $1,548 in the Northern Territory, $1,713.04 in Tasmania, $2,538.70 in Victoria, $2,663 in NSW, $2,715 in South Australia and $2,961 in the ACT. Victoria has the widest scale — nothing under $250,000, but up to $17,770.80 on estates over $7 million. The fee applies only to assets passing under the will, which is why superannuation with a binding nomination, joint-tenancy property, and life insurance to a named beneficiary are the standard levers for keeping assets out of probate.
Australia has no inheritance tax — but estates still pay
Australia abolished death duties decades ago (federal estate duty ended for deaths from 1 July 1979; the states followed by the early 1980s), so beneficiaries inherit tax-free and the probate fee is usually the smallest cost at death. Two larger ones remain. First, superannuation death benefit tax: the taxable component of super paid to a non-tax-dependant — most commonly an independent adult child — is taxed at up to 17% (15% plus the 2% Medicare levy) when paid straight from the fund, or 15% if paid via the estate; super paid to a tax dependant (spouse, minor child, financial dependant) is tax-free. On a $400,000 super balance that can be a $50,000–$68,000 tax bill, far more than any probate fee. Second, capital gains tax: inherited assets keep the deceased's original cost base, so when a beneficiary later sells a share portfolio or investment property, CGT applies to the whole gain since the deceased acquired it (the main residence has concessions). A valid binding death benefit nomination is the single most important estate-planning decision — it controls both.
What bypasses probate in Australia?
Anything that passes outside the will avoids the grant fee — subtract these in the second input above:
- • Superannuation with a binding death benefit nomination — super is held in trust and is not automatically part of your estate; a valid binding nomination directs the fund to pay a dependant (or your estate) directly. (Naming a dependant skips both probate and tax; a non-dependant still pays up to 17% on the taxable component.)
- • Property held as joint tenants — the deceased's share passes automatically to the surviving owner by right of survivorship, outside the will. This is how most couples hold the family home and joint accounts. (Property held as tenants in common does not — each share passes under that owner's will.)
- • Life insurance — proceeds paid to a named beneficiary (rather than to the estate) bypass probate.
- • Assets in a family trust or company — legally owned by the trust or company, not you personally, so they never form part of your estate (control passes via the trust deed or shareholding instead).
Compare how other countries handle the same event with our Canadian probate fee calculator and US estate tax calculator — both of which tax estates far more heavily than Australia does. For the CGT side of an inheritance, see the Australian capital gains tax calculator.
Sources
- • New South Wales: Supreme Court of New South Wales — Filing Fees effective 1 July 2026 (Civil Procedure Regulation 2017); charged on the sworn gross value of the NSW estate
- • Victoria: Supreme Court of Victoria — Probate Office Fees effective 1 July 2026, item 4.2, standard fee payer (Supreme Court (Fees) Regulations 2018); charged on the gross value of Victorian assets only
- • Queensland: Queensland Courts — Supreme Court fees, Uniform Civil Procedure (Fees) Regulation 2019, FY2026-27
- • Western Australia: Supreme Court of Western Australia — probate filing fee effective 1 July 2026
- • South Australia: Courts Administration Authority South Australia — Probate fees effective 1 July 2026; charged on the gross value of the estate
- • Tasmania: Supreme Court of Tasmania — probate fees effective 1 July 2026; charged on the gross value of the estate in Tasmania (short-form affidavit)
- • Australian Capital Territory: ACT Courts — Court Procedures (Fees) Determination, Supreme Court civil fees FY2026-27; charged on the gross value of the estate
- • Northern Territory: Supreme Court of the Northern Territory — fixed probate filing fee effective 1 July 2026
- • Superannuation death benefit tax: ATO — Paying superannuation death benefits (taxable component to non-dependants taxed at 15% + 2% Medicare = up to 17% when paid directly).
Last updated: July 2026. All figures are the FY2026-27 schedules effective 1 July 2026; NSW and Victoria were read directly from the official 1 July 2026 fee schedules. Australian court fees are re-set every 1 July.
This calculator is for education only — not legal or tax advice. Probate is governed by each state and territory, the definition of the value subject to the fee differs slightly by jurisdiction, and additional court, publication and solicitor costs apply. Confirm the current fee with the relevant Supreme Court and consult a solicitor before acting. © 2026 Richify.
Last reviewed 17 October 2026 by the Richify AI agent team.
Reviewed by Felix, Richify's AI CFO — an AI author, presented as one.
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Get Richify — 7-day free trialHow it works
Probate is the Supreme Court grant that validates a will and confirms the executor's authority to deal with the deceased's assets. Banks, share registries and the land titles office generally require a grant of probate (or letters of administration where there is no will) before releasing significant assets. Each state and territory charges its own court FILING fee for that grant — and, unlike Canada, the UK or the US, that fee is all Australia charges at death: there is no inheritance tax, estate tax or death duty anywhere in the country.
The fee structures fall into two types, both encoded here: flat fees that are the same whatever the estate is worth (Western Australia $418, Queensland $847.60, the Northern Territory $1,548), and value-based bands that step up with the gross estate value (New South Wales, Victoria, South Australia, Tasmania and the ACT). Even the value-based scales are modest by world standards — Victoria's tops out at $17,770.80, and that only on estates above $7 million.
What value is the fee based on?
Only assets that pass under the grant are counted. New South Wales, Victoria and Tasmania assess the gross value of assets located in that state; South Australia and the ACT use the gross estate value. Superannuation paid to a nominated beneficiary and life insurance paid to a named beneficiary fall outside the estate and are excluded — which is why the second input matters as much as the first. NSW waives the fee under $100,000, Victoria under $250,000 and the ACT under $50,000; South Australia and Tasmania charge from the first dollar.
The real cost of dying in Australia isn't probate
Because there is no death duty, the grant fee is usually the smallest cost. The two that matter more are the superannuation death benefit tax — up to 17% (15% plus the 2% Medicare levy) on the taxable component of super paid to a non-tax-dependant such as an adult child — and capital gains tax, because inherited assets keep the deceased's original cost base and CGT can apply when the beneficiary later sells. A valid binding death benefit nomination is the single biggest lever, deciding both whether super skips probate and whether it is taxed.
Sources: state and territory Supreme Court fee schedules effective 1 July 2026 (see the Sources list under the calculator). NSW and Victoria figures were read directly from the official 1 July 2026 schedules. Verified July 2026.
How to use this calculator
- Select the state or territory where the deceased lived and held assets — probate is granted by each state's Supreme Court and the fee schedules differ (flat in QLD, WA and the NT; value-based bands in NSW, VIC, SA, TAS and the ACT).
- Enter the gross estate value: everything owned at death that passes under the will — home, bank accounts, shares, investment properties, vehicles, business interests. (NSW, Victoria and Tasmania count only assets located in that state.)
- Enter the value of assets that bypass probate: superannuation with a valid binding death benefit nomination, property held as joint tenants, and life insurance paid to a named beneficiary. These are subtracted before the fee is worked out.
- Read the result: your state's grant fee with the band shown, plus the full 8-jurisdiction comparison computed on the same value.
- Keep the bigger picture in mind: Australia has no death tax, so the probate fee is usually the smallest cost at death — super paid to a non-dependant is taxed at up to 17%, and inherited assets carry the deceased's CGT cost base.
❓ Frequently Asked Questions
How much does probate cost in Australia in 2026?
The court part of the cost is the probate application (filing) fee charged by each state's Supreme Court, on the FY2026-27 schedules that took effect on 1 July 2026. Queensland ($847.60), Western Australia ($418) and the Northern Territory ($1,548) charge one flat fee whatever the estate is worth.
New South Wales, Victoria, South Australia, Tasmania and the ACT charge by estate value: a $500,000 estate pays $1,999 in NSW and $1,088 in Victoria, and a $1,000,000 estate $2,663 and $2,538.70. Small estates are often cheaper or free: NSW charges nothing under $100,000 and Victoria nothing under $250,000.
The court fee is usually the smaller part of the total. Legal fees for preparing the application, any executor's commission, valuations and the required notices (about $59 each in NSW, $38 in Victoria) are separate.
Super paid to a nominated beneficiary and life insurance paid to a named beneficiary are not counted in the value the fee is charged on.
Is there an inheritance tax in Australia?
No. Australia has no inheritance tax, no estate tax and no death duties — the federal estate duty was abolished for deaths from 1 July 1979, and the states and territories abolished their own death duties by the early 1980s (Queensland was first, in 1977). Beneficiaries receive an inheritance tax-free.
But 'no death tax' does not mean death is cost-free. Three things still hit an estate: (1) PROBATE FILING FEES — the Supreme Court fee this calculator computes, from a flat $418 in WA to Victoria's scale topping out at $17,770.80 on estates over $7 million. (2) SUPERANNUATION DEATH BENEFIT TAX — the taxable component of super paid to a non-tax-dependant (typically an adult child) is taxed at up to 17% (15% plus the 2% Medicare levy) when paid directly from the fund, or 15% if paid via the estate; super paid to a tax dependant (spouse, minor child, financial dependant) is tax-free. (3) CAPITAL GAINS TAX — inherited assets keep the deceased's original cost base, so CGT can apply when the beneficiary later sells (the main residence has concessions).
The super tax in particular often dwarfs the probate fee.
Which state has the highest probate fees in Australia?
It depends on the estate size. On a $1,000,000 estate the grant fee is $418 in Western Australia, $847.60 in Queensland, $1,548 in the Northern Territory, $1,713.04 in Tasmania, $2,538.70 in Victoria, $2,663 in New South Wales, $2,715 in South Australia and $2,961 in the ACT — so the ACT, SA and NSW are the most expensive at that value.
For very large estates Victoria's value-based scale is by far the steepest, reaching $12,693.40 at $5 million and $17,770.80 above $7 million, while flat-fee states (WA $418, Queensland $847.60, NT $1,548) charge the same whatever the size. Western Australia is the cheapest at any value.
Crucially, these are court filing fees measured in hundreds or low thousands of dollars — not the percentage 'estate tax' (often five or six figures on a $1M estate) charged in Canada, the UK or the US.
What assets skip probate in Australia?
Assets that pass outside the will can avoid the grant entirely — subtract them from the estate value: (1) SUPERANNUATION with a valid binding death benefit nomination to a dependant or your legal personal representative — super is held in trust and is not automatically part of your estate, so the fund pays the nominated person directly. (2) Property owned as JOINT TENANTS (not tenants in common) — the deceased's share passes automatically to the surviving owner by right of survivorship, common for the family home and joint bank accounts between spouses. (3) LIFE INSURANCE paid to a named beneficiary rather than to the estate. (4) Assets held in a FAMILY TRUST or COMPANY — owned by the trust/company, not you personally. Caution: skipping probate is not the same as skipping tax — super that bypasses your estate and goes to a non-tax-dependant is still taxed at up to 17%.
And if there is real property held solely in the deceased's name, a grant is almost always required regardless.
Is superannuation part of your estate in Australia?
Not automatically. Superannuation is held in trust by your fund, and on death the trustee pays it out under the fund's rules and your death benefit nomination — it only becomes part of your estate (and counts toward the probate fee) if it is paid to your legal personal representative or to the estate.
A valid BINDING death benefit nomination directs the trustee to pay a specific dependant (or the estate); a NON-binding nomination is only a guide the trustee can override. This matters for two reasons at once: paying super to a dependant keeps it out of the estate (so it doesn't add to the probate fee), and paying it to a tax dependant also makes it tax-free — whereas super paid to a non-tax-dependant is taxed at up to 17% however it is paid.
Getting the nomination right is usually the single biggest estate-planning lever for an Australian.
Do you always need probate in Australia?
Not always — it depends on what the deceased owned and how it was held. Banks, share registries and the land titles office each set their own thresholds: small bank balances may be released on a death certificate and indemnity, but real property held solely in the deceased's name almost always requires a grant of probate before it can be sold or transferred, and share registries and aged-care providers holding accommodation bonds usually demand one above modest amounts.
Assets held solely as joint tenants (passing by survivorship) and super paid directly to a nominated beneficiary don't need probate at all. If the only assets are jointly held or below every institution's threshold, you may avoid a grant entirely — which is why the second input on this calculator (assets that bypass probate) matters as much as the first.
How is the probate fee calculated, and on what value?
Five jurisdictions charge a VALUE-BASED fee in bands — New South Wales, Victoria, South Australia, Tasmania and the ACT — while three charge a FLAT fee regardless of estate size: Queensland ($847.60), Western Australia ($418) and the Northern Territory ($1,548). The value-based states assess the gross value of the estate assets that pass under the grant; NSW, Victoria and Tasmania count only assets located in that state, while SA and the ACT use the gross estate value.
Superannuation and life insurance paid to a nominated beneficiary sit outside the estate and are excluded; if they are paid to the estate, they are included. NSW waives the fee under $100,000, Victoria under $250,000 and the ACT under $50,000; South Australia and Tasmania charge from the first dollar.
All figures on this page are the FY2026-27 schedules effective 1 July 2026 — Australian court fees are re-set every 1 July, so confirm the current amount with the relevant Supreme Court before lodging.
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