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Revised probate filing fee structure effective from 1 September 2012
On 1 September 2012, the existing regulation governing filing fees in the Supreme Court, the Civil Procedure Regulation 2005, will be repealed in accordance with section 10(2) of the Subordinate Legislation Act 1989.
The replacement fee regulation, the Civil Procedure Regulation 2012, will commence on 1 September 2012. This new Regulation includes significant revisions to the fee structure for probate applications.
In broad terms, the revisions will result in:
- fewer probate applications attracting a filing fee;
- a reduction in the filing fees payable on applications where the gross value of the estate is between $100,000 and $2,000,000, and
- an increase in the filing fees payable in applications involving estates where the gross value exceeds $2,000,000 and $5,000,000.
The table below provides a comparison between the existing fee structure, and the new regime that will apply from 1 September 2012.
| Gross estate value | Current probate filing fee | Probate filing fee payable from 1 September 2012 | Dollar impact of change |
| $0 - $49,999 | $0 | $0 | Nil change |
| $50,000 - $99,999 | $730 | $0 | Filing fee decreases by $730 |
| $100,000 - $249,999 | $730 | $650 | Filing fee decreases by $80 |
| $250,000 - $499,999 | $923 | $900 | Filing fee decreases by $23 |
| $500,000 - $999,999 | $1,392 | $1,350 | Filing fee decreases by $42 |
| $1,000,000 - $1,999,999 | $1,853 | $1,800 | Filing fee decreases by $53 |
| $2,000,000 - $4,999,999 | $1,853 | $3,000 | Filing fee increases by $1,147 |
| Greater than $5,000,000 | $1,853 | $5,000 | Filing fee increases by $3,147 |
Any cheques or money orders the Court receives after 31 August 2012 that have been drawn for the old filing fee will be returned to the applicant for correction. The Court will retain and consider the application sent with the incorrect cheque, but will not issue the grant until the replacement cheque is received.
All cheques returned to applicants will be accompanied by a covering letter confirming that the filing fee has been postponed until a replacement cheque is received, and that the grant cannot be issued until the correct payment is received.
The Court will update its Forms and Fees page with the new probate fees on 1 September 2012. It should be noted that no other Supreme Court civil filing fees will change on this date, only the probate filing fees have been revised.
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