Probate Fee
Calculator Australia 2026

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.

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.

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.

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.

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.

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.