Australian Capital Territory Probate Fee Calculator

How the ACT calculates the probate fee

The Supreme Court of the ACT sets the probate filing fee against the gross sworn value of the estate, under the Court Procedures (Fees) Determination made each financial year. The fee is a flat dollar amount for each of five value bands, not a percentage, and steps up as the gross sworn value rises.

One fee item covers a grant of probate, a grant of letters of administration, and a reseal of probate, so the same tiers apply regardless of which type of grant you are applying for.

The separate notice fee

On top of the filing fee, the ACT charges a separate $63.00 fee to publish the required online notice of intention to apply, through the ACT Supreme Court Probate Notice smart form at forms.act.gov.au. This notice must be published not less than 14 days, and not more than 3 months, before the day the application is filed in Court.

How to apply for probate in the ACT

After publishing the notice of intention through the forms.act.gov.au smart form and waiting out the required period, you file your application in the Supreme Court of the ACT. You can either instruct a solicitor to act for you, or make the application yourself in person; a lawyer is not required.

Fee concessions

The ACT's fee determination gives an exemption to a person who is the primary cardholder of a Health Care Card, Low Income Health Care Card, or a Pensioner Concession Card issued by Services Australia or the Department of Veterans' Affairs. A dependant of a cardholder does not qualify; the primary cardholder themself must be the applicant.

This exemption is narrower than it might first appear. In practice it removes the $1,164 fee for estates of $50,000 to under $250,000, and it also covers the $63.00 notice fee. It does not apply to the $1,471, $2,224 or $2,961 bands, so a concession card does not exempt a higher value estate from the filing fee.

Small estate options

The Administration and Probate Act 1929 (ACT) gives the Public Trustee and Guardian two ways to deal with small estates without a full grant, and both are limited to the Public Trustee and Guardian rather than being open to an ordinary executor.

Under section 87B, the Public Trustee and Guardian may administer an estate where the net value does not exceed $30,000, provided notice of intention has been given by advertisement or otherwise. Under section 87C, the Public Trustee and Guardian may instead file an election with the Supreme Court where the gross value of the ACT property does not exceed $150,000, and must give public notice of that election.

Neither section is available to a family member or friend acting as executor on their own; both routes go through the Public Trustee and Guardian specifically.

How long it takes

The ACT Supreme Court's own guidance does not state a turnaround time for issuing a grant once an application is filed and in order. No official processing time figure is published.

What this calculator does not cover

This calculator estimates the Supreme Court filing fee only, and does not add the separate $63.00 notice fee, which applies on top of it for most applicants. It also does not cover Public Trustee and Guardian administration charges or legal fees.

It does not tell you whether a grant is required for a particular estate. The nil fee band is a fee waiver for estates under $50,000, not a rule that no grant is needed, and the small estate mechanisms above are limited to the Public Trustee and Guardian.