PA Law Pty Ltd · Guidance for Gawler executors and families
Probate Costs in South Australia: 2026 Guide
Probate costs in South Australia depend on the estate’s gross value, the work required and whether you engage a lawyer. This guide explains the current court fees, legal costs and questions to ask before committing to assistance.PA Law is based in Evanston South and assists clients in Gawler, Adelaide and across South Australia. If you are dealing with an estate, we can discuss whether a grant is needed and the scope of help you require.Request a probate cost estimateCall 0431 614 696Fees checked: 9 September 2026 · Court fee schedule effective 1 July 2026
Probate costs in South Australia at a glance
There is no single total that applies to every estate. Budget separately for the court application, any legal assistance and expenses involved in administering the estate after the grant.- Court filing fee: a government charge based on the applicable estate-value band.
- Legal fees: the agreed cost of advice and preparing the application, or a broader administration service.
- Other expenses: items such as certificates, searches, valuations and property or accounting work where needed.
South Australian probate court fees from 1 July 2026
The Supreme Court filing fee for an application for probate or administration is based on the gross value of the deceased estate. The following amounts are court charges, not PA Law’s professional fees.| Gross estate value | Court filing fee |
|---|---|
| $200,000 or less | $1,020 |
| More than $200,000, up to $500,000 | $2,038 |
| More than $500,000, up to $1 million | $2,715 |
| More than $1 million | $4,075 |
Example: an estate valued at $750,000
If the gross estate value for the application is $750,000, the filing fee is $2,715. Any legal fees and other applicable expenses are additional. This example illustrates the court charge only and is not a quote for the estate’s total costs.Legal fees and other probate expenses
What affects a lawyer’s probate fee?
Legal costs depend on the scope and complexity of the work. A clear original will, available records and a straightforward executor appointment can involve different work from an application with missing documents, overseas assets or disputed issues.Tell your solicitor about unusual will provisions, an executor who cannot act, differences between names in documents and any previous application. These issues may require further enquiries or evidence. The amount of legal work cannot be established from the estate value alone.What should a probate quote include?
When comparing estimates, ask for a written explanation of the work and charging basis. A lower headline figure is difficult to assess without knowing what is included.- Does the quote cover obtaining the grant only, or the full administration?
- Are legal fees fixed for the agreed work or calculated by time?
- Is GST included in the professional fee?
- Are the court fee, searches and other expenses included or additional?
- What happens if the Court requests further information?
- How will extra work be explained and agreed?
- When are payments due, and what arrangements apply before estate funds are accessible?
Expenses after the grant
Depending on the estate, later work may involve property transfers or sales, valuations, tax returns, estate accounts and correspondence with beneficiaries. Ongoing insurance or property expenses may also need attention. Ask which costs sit outside the probate application so you can plan for the administration as a whole.Plan the probate budget before work begins
A useful estimate connects each charge to a task. Before deciding how much assistance to engage, write down what has already been done, what remains outstanding and who will handle each step. This gives you a practical basis for discussing costs without assuming that every estate needs the same service.
Compare the same scope of work
Imagine receiving two estimates for the same estate. One covers preparation and lodgement of the application. The other also includes enquiries to asset holders and assistance with estate accounts. The figures may differ because they describe different services, even if both are called probate assistance.
Ask each provider to identify the starting point and finishing point of their work. For example, will their involvement end when the grant is issued, or continue until the agreed administration tasks are completed? If a bank asks a further question after the grant, establish whether dealing with it is included.
Also ask which assumptions support the estimate. The availability of an original will, complete asset records and an executor able to provide instructions may matter. A quote is easier to assess when those assumptions are written down and you understand what happens if the circumstances change.
Discuss payment timing as well as the total
The estate may have valuable assets without immediately available cash. A property value on a list of assets does not explain how an upcoming invoice will be paid. Tell your solicitor early if access to funds is a concern and ask about the payment arrangements for the proposed work.
Clarify when the court fee will be required, when professional fees are billed and how third-party expenses will be handled. If you are considering paying an expense personally, discuss the position first and keep the invoice and payment record. Do not rely on a general statement about reimbursement as a guarantee for a particular payment.
If more than one executor is involved, agree how cost information will be shared and who will communicate with the solicitor. Clear communication can help avoid duplicated instructions or misunderstandings about what work has been requested. Raise any disagreement about the proposed scope before it creates additional correspondence.
Keep a simple record of estate expenses
A straightforward expense register can make later questions easier to answer. Record the date, supplier, purpose, amount, person who paid and location of the receipt. Keep the supporting document with the entry so that an unexplained bank transaction does not become a separate investigation months later.
Distinguish an estimate from an invoice and an invoice from a payment. For example, a valuation quote is a proposed expense until the work is authorised and charged. Keeping those stages clear helps you understand which amounts are expected, which have been incurred and which remain unpaid.
Bring the record to discussions with your solicitor and accountant where relevant. It can help identify questions about the scope of work, missing invoices or expenses that need further explanation. If you are unsure how to record a transaction, flag the uncertainty rather than guessing its treatment.
Ask for an updated estimate when circumstances change
New information can change the work involved. An additional asset, a document problem or a disagreement may mean the original assumptions no longer apply. Ask your solicitor to explain the additional task, its likely cost and whether it affects the overall timetable.
You can also ask whether some tasks can be handled by you and what information the solicitor needs to do their part. The aim is a clear division of responsibilities that suits the estate and your circumstances. Confirm any changes to that division so important work is not overlooked.
For your first PA Law enquiry, a short summary of the estate and your questions is enough to start the discussion. Include any known deadline and explain whether your priority is understanding the application, arranging payment or obtaining broader administration support.
Is probate always required?
No. Probate confirms the executor’s authority under a will through the Supreme Court process, but whether a grant is needed depends on the assets, ownership and asset holders’ requirements. Having a will does not by itself remove the need for probate.Check with banks and other organisations about their requirements. There is no single bank-release threshold that can safely be applied to every estate. Real estate held solely in the deceased’s name commonly requires a grant to deal with it.Joint assets and estates without a will
Property held as joint tenants generally passes to the surviving joint tenant. A tenancy-in-common share is different and forms part of the estate. The Legal Services Commission’s real property guidance explains the distinction.If there is no will, an eligible person may need letters of administration. Where there is a will but no effective executor appointment, administration with the will annexed may be appropriate. The Court’s guide to applying for a grant explains the available application types.Who pays probate costs?
Reasonable expenses properly incurred in obtaining probate and administering an estate are generally met from estate funds. An executor may need to arrange payment before those funds can be accessed, so discuss payment arrangements at the outset.Keep invoices, receipts and a record of why each expense was necessary. Do not assume that every expense or personal payment will be reimbursed. Obtain advice if the estate may have insufficient funds, an expense is disputed or you are considering paying yourself.Executor expenses and payment for time are different
Reimbursement of an expense is separate from remuneration for acting as executor. The will may provide for payment, and an executor may apply to the Court for commission. Seek advice before taking remuneration from the estate. See the Legal Services Commission’s guidance on payment of executors.Prepare for a useful probate cost estimate
You do not need every document before making an enquiry. Start with what is available, identify what is missing and explain any urgent issue. These details help your solicitor assess the work rather than give a figure based on assumptions.- The original will and any codicils, or where they are held.
- The death certificate, if available, and the date of death.
- Details of the named executors and whether they can act.
- A preliminary list of assets, ownership, values and debts.
- Letters from banks, the Court or other advisers.
- Details of interstate or overseas assets, a disagreement or an existing grant.
- The tasks you want help with and those you expect to handle yourself.
Timing and avoiding unnecessary extra work
Preparing an application, waiting for the Court’s decision and finalising an estate are separate stages. Timing depends on documents, the application, the Court’s workload and any further evidence required. A grant does not mean all debts, tax matters and potential claims have been resolved.Practical ways to keep the work organised
- Gather records in one place and flag missing information early.
- Confirm the division of tasks with your solicitor to avoid duplication.
- Keep clear records of estate payments and communications.
- Raise disagreements or potential claims promptly.
- Discuss liabilities and distribution requirements before releasing estate funds.
Frequently asked questions about probate costs
How much does probate cost in South Australia in 2026?
From 1 July 2026, the application filing fee ranges from $1,020 to $4,075 depending on gross estate value. Legal fees and other expenses are additional where applicable, so the filing fee is not the total cost.Are probate fees different in Gawler and Adelaide?
The same South Australian court fee schedule applies. Professional fees depend on the work and your agreement with the solicitor. PA Law assists Gawler clients from Evanston South, with appointments by arrangement.Can I apply without a lawyer to reduce costs?
Yes, an executor can apply without legal representation. Court fees still apply. Consider whether you can prepare the required documents and respond to requests for further evidence. Use the Court’s application guidance and seek advice if the position is unclear.Does a small estate automatically avoid probate?
No. The type and ownership of assets and the asset holder’s requirements matter. The lowest court fee band is not a rule that every estate in that band needs a grant.Does PA Law offer a fixed probate fee?
Contact PA Law for the proposed scope and charging basis for your estate. No fixed professional fee is stated in this guide. Ask what is included, which expenses are additional and what could change the estimate.Can the executor recover probate expenses?
Reasonable expenses properly incurred are generally paid from the estate. Keep records and discuss any upfront payment, disputed expense or concern about insufficient estate funds before assuming reimbursement.Does the probate quote cover selling the deceased’s house?
Do not assume so. A grant-only quote may exclude conveyancing, sale-related expenses and later administration. Ask for the property work to be identified separately. PA Law’s conveyancing page describes related assistance.How long will probate and estate administration take?
Timeframes vary. Obtaining records, Court enquiries, asset sales, tax matters and disputes can affect progress. Ask for an explanation of the likely stages after the estate has been assessed, rather than relying on a promised distribution date.Discuss probate costs with PA Law in Gawler
