Probate costs in Western Australia can be split into two categories: fees for the application for a Grant and costs for the administration of the estate after the grant.
Costs for the application for a Grant
The Supreme Court of Western Australia charges $418 to file an application for a Grant of Probate or for Letters of Administration, which is the grant you apply for if the deceased left no Will.
That fee is flat: it doesn’t rise with the value of the estate. The fee is reviewed annually and usually increases slightly each year.
In addition to this, you will pay your lawyer’s professional fees for preparing your application. Our own fixed prices are published on our service pages, so you can see what a grant costs. See our Grant of Probate page and our Letters of Administration page.
Costs for the administration of the estate
A grant is rarely the only expense in an estate. The executor or administrator may incur professional fees for legal advice to help them administer the estate, including property transfers and advice about their obligations, as well as accounting fees and related costs.
Your lawyer’s fees for this work are separate from the application. See our Estate administration page.
Who pays?
An executor or administrator who properly incurs legal costs in obtaining a grant and administering the estate is entitled to be reimbursed out of the estate, so the money comes out before the beneficiaries receive anything.
Generally we require our legal fees for the application for a Grant to be paid upfront and you can then reimburse yourself from the estate once you have access to the funds. If that is difficult for you, some banks will release funds before the grant issues to cover probate costs or we may be able to advance credit, depending on the assets in the estate.
For the administration of the estate, we can usually wait to be paid these costs directly from the estate.
Frequently asked questions
Is probate more expensive if the estate is larger?
The $418 filing fee is the same for a $50,000 estate and a $5 million one. Legal fees can be higher on a larger estate, though that’s usually because a larger estate has more assets to deal with and may be more complex rather than because of its value.
Can the estate pay the legal fees before the grant issues?
Usually not directly, because until the grant issues nobody has authority to operate the deceased’s accounts. Some banks will release funds for the filing fee and funeral costs before a grant, but otherwise generally the executor advances the money and is reimbursed from the estate later.
Do I have to pay if I renounce as executor?
No. If you renounce before you’ve intermeddled in the estate, which means before you’ve started dealing with the deceased’s assets, you step out of the role and the costs fall on whoever takes the grant instead.
Is there stamp duty on a deceased estate in WA?
A transfer of unencumbered Western Australian land to a beneficiary under a Will or under the intestacy rules that decide who inherits if there’s no Will is generally exempt from transfer duty, but it still has to be assessed by RevenueWA.
We publish our prices
We act for executors and administrators across Western Australia, from a straightforward grant to a full estate administration. Our fixed prices are published, so you know what it costs before we start.
Call the probate team on (08) 9220 4490 or see our Grant of Probate page.
Not sure whether you need a grant at all? Answer a few questions on our Do you need a Grant? page.
Related: How long does probate take in Western Australia?
This article is general information and not legal advice. Court and Landgate fees change and the figures above are current at the date of this article.
