🇦🇺Australia

Probate Filing Fees and Late Penalties

4 verified sources

Definition

Probate applications require specific forms, notices published 14+ days in advance, and fees based on estate size. Incomplete filings trigger requisitions delaying grants by weeks, increasing executor costs. NSW mandates application within 6 months or explanation needed.

Key Findings

  • Financial Impact: AUD 500-5,000+ filing fees per estate (estate value scaled); 20-40 hours legal/admin time per application; potential AUD 1,000+ extra for requisitions/delays
  • Frequency: Per estate processed
  • Root Cause: Manual form completion, multiple document submissions (original will, affidavits, inventory), state-specific rules, mandatory notice periods

Why This Matters

The Pitch: Trusts and Estates executors in Australia waste AUD 1,000+ in filing fees and 20-40 hours per application on Probate Court Filing. Automation of form preparation and compliance checks eliminates this risk.

Affected Stakeholders

Executors, Solicitors, Trust Administrators

Deep Analysis (Premium)

Financial Impact

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Current Workarounds

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Probate Processing Delays

4-12 weeks delay per estate (AUD 1,000-10,000+ holding/opportunity costs for mid-size estates); 10-20 extra hours for revisions

Manual Probate Bottlenecks

30-50 hours executor/solicitor time per application (AUD 1,500-5,000 at AUD 50-100/hr)

Trust Accounting Compliance Penalties

AUD 2,330+ fine per late lodgement (unit penalty AUD 2,330 as per Uniform Law); 15+ hours annually for Part B preparation per practice

ATO Trust Tax Return Non-Compliance Fines

AUD 222 base failure-to-lodge penalty per 28 days (up to 5 units); 20-40 hours annually for manual financial statements

External Examiner and Auditor Fees

AUD 1,500-5,000 annual external examiner/auditor fees per practice (industry typical); 3-month deadline from trust account start

Delayed Trust Distributions Due to Reporting

AUD 500-2,000 lost interest per trust (4-6% p.a. on AUD 100k+ balances for 1-3 months delay)

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