Wills & Estates Update – Probate Office changes to filing fees

Wills and Estates: 13 November 2024

Author: Susan Bonnici - Our People

You may have heard about changes that have recently been made to the filing fees payable to the Probate Office of the Supreme Court of Victoria upon the application for a Grant of Probate or Letters of Administration for a deceased estate. This issue has been getting a lot of attention in the media, with some outlets referring to it as a “death tax by stealth”.

These new fees will take effect from Monday, 18 November 2024.

New Probate Office Fees (as of 18/11/24)

Estate value	New Fee	Previous Fee
$0 - $249,999.99	$0.00	$68.60
$250,000 - $499,999.99	$514.40	$68.60
$500,000 - $999,999.99	$1,028.80	$367.40
$1,000,000 - $1,999,999.99	$2,400.50	$685.90
$2,000,000 - $2,999,999.99	$4,801.00	$1,502.40
$3,000,000 - $4,999,999.99	$7,185.20	$2,318.90
$5,000,000 - $6,999,999.99	$12,002.60	$2,318.90
More than $7,000.000	$16,803.60	$2,318.90

The fees charged by the Supreme Court of Victoria (including the Probate Office) are set by the Victoria Government and were updated recently by the Supreme Court (Fees) Amendment Regulations 2024. These regulations passed despite significant objections by the Law Institute of Victoria, the Society of Trust and Estate Practitioners (STEP) and others in the legal fraternity.

The Probate Office filing fees are required to be paid before there is a Grant of Probate or Letters of Administration. This may create a problem for some Executors, as at the time of applying for probate the Executor will not have access to estate funds. Through the Law Institute Succession Law Committee, we are working with relevant stakeholders to explore possible solutions for this.

If you have any questions about these changes, or what they may mean for your Executor and your estate, please contact our office for assistance.