What is Probate?
Probate is the process of proving and registering in the Supreme Court the last Will of a deceased person. When a person dies, somebody has to deal with their estate and usually it is the executor of their Will who administers the estate and handles the disposal of their assets and debts. In order to get authority to do this, executors usually need to obtain a legal document called a ‘Grant of Probate’.
Our Lawyers have handled tens of millions of dollars worth of deceased estate assets on behalf of clients’ in the last 12 months alone. Unlike many other law firms, offer fixed fee legal services for obtaining Grants of Probate on behalf of clients. Often we will have a Grant of Probate back from the Courts and to the executors within (4) weeks from the date we are instructed to act by our clients. This fast turnaround and fixed fee approach saves and enourmous amount of time and money for executors.
If you find yourself having to handle a deceased person’s will or estate, we strongly recommend that you seek legal advice first. Our experienced team of wills, probate and estate litigation lawyers will work with you to assess the relevant issues and advise you frankly of the legal options and avenues available to you.
Do I need Probate?
Generally, you will need a Grant of Probate where assets of the deceased estate are held in a Bank Account, or there is real property. We also advise potential clients to make enquires with any person or business that holds assets of the deceased before instructing our lawyers to obtain a Grant of Probate on their behalf.
Are there any other costs that I will be charged outside your fixed fees and the Supreme Court fees?
No, for all Grants of Probate our costs and those of the Supreme Court remain fixed.
How long will it take to obtain a Grant of Probate?
Once we’ve received all documentation from you it will take up to 2 weeks to obtain the Grant of Probate. This time may vary slightly depending upon the work-load of the Supreme Court registry office.
How do I work out the total cost if I were to instruct your firm?
Its simple. Work out what the estimated value of the deceased assets are. There is no rule that requires you to prepare an exact calculation, simply an estimate is fine. So for example, you have estimated the deceased assets to be around $160,000.00. The cost would be $950.00 being our fixed legal fee and $900 for the Supreme Court filing fees.
The total paid would be $1,800.00.
Can I take out the costs of obtaining Probate from assets of the deceased?
Yes. All costs an executor incurs for obtaining Probate can be reimbursed so there is no out-of-pocket expenses that the executor bears.
Below is our fixed Fee table for all probate matters please note that there may be additional costs for disbursements such as valuations, advertising and court application fees.
Grant of Probate
|Disclosed value of assets||Costs payable|
|Not exceeding $30,000||$560|
Plus $13.33 for each $1,000 up to $30,000
|Exceeding $30,000 but not > $150,000||$960|
Plus $5.90 for each $1,000 in excess of $30,000
|Exceeding $150,000 but not > $1,000,000||$1,670|
Plus $4.47 for each $1,000 in excess of $150,000
|Exceeding $1,000,000 but not > $3,000,000||$5,470|
Plus $1.66 for each $1,000 in excess of $1,000,000
|Exceeding $3,000,000 but not > $5,000,000||$8,800|
Plus $1.10 for each $1,000 in excess of $3,000,000
|Exceeding $5,000,000 but not > $10,000,000||$11,000|
Plus $0.90 for each $1,000 in excess of $5,000,000