Estate Planning Cost Calculator — Australia 2026-27
Planning ahead — understand the costs of administering an estate.
Estimate the full cost of administering an Australian estate, including probate, executor fees, CGT on inherited assets, and super death-benefit tax so you can see what beneficiaries may actually receive.
Australia Estate Planning Notes
Australian estate costs are often driven by probate fees, executor charges, the mix of taxable and non-taxable assets, and whether superannuation death benefits are paid to tax dependants.
This version is tailored to Australian estate planning, where probate, CGT timing, and super death-benefit treatment can materially change the final net estate.
Australian version note: this estate planning keeps the calculation anchored to AUD amounts, local product names, Australian tax language, and the way banks, employers, agencies, or advisers usually describe the inputs.
Local cues stay visible where they matter: ATO, PAYG, superannuation, Medicare levy, stamp duty, kilometres, comparison rate, APRA, Centrelink, GST, and Australian-dollar results are not rewritten into overseas vocabulary.
Use the output as an Australian estimate first, then sanity-check it against local quotes, lender criteria, government thresholds, state rules, or professional advice before relying on the number.
Estimates only. Estate costs vary significantly by state, asset composition, and whether a valid will exists. Seek legal advice for your specific situation.
Capital gains tax is often the largest single cost in an estate. Assets are deemed disposed of at market value on the date of death. The estate (or the beneficiary who sells) pays CGT on any gain above the cost base.
If the deceased lived in the property as their main residence, there is usually no CGT when it passes to beneficiaries — provided it is sold within 2 years of the date of death. Enter $0 as the cost base and use the exemption. This is one of the largest tax benefits in Australian property law.
Assets held for more than 12 months qualify for the 50% CGT discount. The estate inherits the deceased’s holding period. On a $400,000 gain, only $200,000 is assessable — potentially saving $65,000+ in tax at the estate’s marginal rate.
Investment properties and share portfolios do not qualify for the main residence exemption. CGT is calculated on the gain from the original cost base (or the market value at 20 September 1985 for pre-CGT assets). Beneficiaries who inherit and then sell also trigger a CGT event.
Superannuation is the most commonly misunderstood part of estate planning. It does not automatically form part of the estate — and the tax treatment depends entirely on who receives it and how.
Super paid to a dependant — spouse, de facto partner, child under 18, or financial dependant — is completely tax-free. A $500,000 super balance paid to a spouse creates zero tax liability. The same balance paid to an adult child attracts 17% tax on the taxable component.
A BDBN locks in who receives your super and overrides the trustee’s discretion. Without a BDBN, the fund trustee decides who gets the money — they consider your dependants but are not bound by your wishes. Many BDBNs expire after 3 years — check yours is current and non-lapsing if available.
Directing super to your estate (then distributing via testamentary trust) can allow adult children to benefit while reducing effective tax, but adds complexity and cost. A financial adviser specialising in estate planning can model the best structure for your specific situation.
Most estate administration costs can be significantly reduced with preparation. The earlier planning starts, the more options are available.
Dying intestate (without a will) adds 40–50% to legal costs, removes your control over asset distribution, and can take 12–24 months longer to resolve. A properly drafted will costs $300–$800 with a solicitor and is one of the highest-ROI legal documents you will ever sign.
A professional executor or trustee company charges 1.5–2% of the estate. On a $1M estate that is $15,000–$20,000. A trusted family member or friend as lay executor, with solicitor support, typically costs 0.3–0.5% in legal fees. The saving is real but the lay executor carries personal liability — choose carefully.
A TDT is a trust created by the will that gives beneficiaries flexibility in how income is distributed. It can significantly reduce income tax for beneficiaries who receive large inherited amounts. Setup adds $2,000–$5,000 to will preparation but saves multiples of that in tax for estates above $500,000 with multiple beneficiaries.
Methodology — probate, executor fees, CGT, and super tax
What is included in the estimate
The total estate cost estimate includes: court probate filing fees (by state and estate value), executor and legal fees (by executor type), capital gains tax on property and shares (with 50% discount applied), super death benefit tax (if paid to non-dependants), funeral costs, and guardianship court costs if applicable.
What is not included
The estimate does not include: stamp duty on property transfers to beneficiaries (exempt in most states but varies), legal disputes or contested wills (highly variable), income tax on estate income during administration, or ongoing trust administration costs. These can be significant for complex estates and require professional advice.
Executor fee structure
| Executor type | Typical fee |
|---|---|
| Professional executor / trustee company | 1.5–2% of estate + GST (1.65% used here) → Lowest risk to executor personally; highest cost to estate |
| Solicitor as executor | 1–1.5% of estate → Professional liability; often used for complex estates |
| Lay executor (family/friend) | 0.3–0.5% (legal advice only) → Lowest cost; executor carries personal liability for errors |
Court probate fees for every Australian state and territory
Probate (or Letters of Administration if there is no will) requires a court filing fee. These fees are set by each state and scale with estate value. The fees below are for the grant application only — legal costs for preparing the application are additional.
| State | Fee structure (key thresholds) |
|---|---|
| NSW | $0 under $100k · $835 to $500k · $1,397 to $1M · $2,229 to $2M · $6,513 above $5M |
| VIC | $0 under $250k · $311 to $500k · $620 to $1M · $1,240 to $2M · $6,199 above $5M |
| QLD | $46 under $10k · $388 to $100k · $726 to $500k · $1,361 above $1M |
| WA | $0 under $100k · $247 to $250k · $482 to $500k · $1,492 above $1M |
| SA | $0 under $200k · $756 to $500k · $1,058 to $1M · $1,719 above $1M |
| TAS | $0 under $100k · $451 to $500k · $861 to $1M · $1,536 above $1M |
| ACT | $795 to $500k · $1,097 to $1M · $1,660 above $1M |
| NT | $0 under $250k · $430 to $500k · $860 above $500k |
Not all estates require probate. Small estates with assets under certain thresholds, or assets held as joint tenants (which pass automatically to the survivor), may not require court approval. Estates with only superannuation (no will assets) also bypass the probate process.
Capital gains tax rules for estates, inherited property, and shares
The main residence exemption
If the deceased used the property as their main residence immediately before death, and it is sold within 2 years of the date of death, the property is completely exempt from CGT. This exemption applies regardless of the sale price. It is one of the most valuable tax concessions in the Australian tax system and applies to most family homes.
Investment properties and the 50% CGT discount
Investment properties and shares that have been held for more than 12 months qualify for the 50% CGT discount. The estate is deemed to have held the asset for the same period as the deceased. On a $500,000 capital gain: the taxable gain is $250,000, and at a 30% marginal rate, the tax is approximately $75,000 — not $150,000.
Super death benefit tax
| Recipient | Tax on super death benefit |
|---|---|
| Spouse / de facto partner | $0 — completely tax-free |
| Child under 18 | $0 — tax-free as dependant |
| Financial dependant | $0 — tax-free |
| Adult child (non-dependant) | 17% of taxable component (15% + 2% Medicare) → On $300k super: $51,000 tax |
| Estate (then to non-dependant) | 17% — same rate applies via estate |
How to reduce estate administration costs and tax for your beneficiaries
Five steps that have the most impact
- Have a valid, current will — reduces legal costs by 40–50% vs intestacy and ensures distribution follows your wishes
- Update your super binding nomination — nominate a dependant (spouse) to eliminate super tax; check the nomination is non-lapsing
- Appoint a lay executor — a trusted family member saves 1–1.5% of the estate in executor fees vs a professional trustee company
- Consider a testamentary discretionary trust — for estates over $500k, allows income splitting among beneficiaries and reduces their marginal tax rates
- Document the cost base of all assets — property purchase contracts, share buy records, and improvement receipts reduce the CGT calculation; without records, the ATO may use a lower cost base
What a will actually costs
A straightforward will prepared by a solicitor costs $300–$800. A more complex will with testamentary trust provisions costs $1,500–$3,000. The potential saving versus intestacy is $10,000–$25,000 in legal costs alone — before considering the loss of control over distribution.
❓ Frequently asked Frequently asked questions
Is there inheritance tax or estate tax in Australia?
No. Australia abolished all death duties and estate taxes in 1979. There is no inheritance tax, no death duty, and no estate tax at the federal or state level. However, CGT applies to assets with embedded gains, and super death benefits are taxed when paid to non-dependants. These can be significant but are distinct from an inheritance tax.
What does probate cost in Australia?
Probate court filing fees range from $0 (for estates under the state threshold) to approximately $6,500 for large estates. These are just the court fees — legal costs for preparing the probate application typically add $2,000–$5,000. Total probate and legal costs for an average estate are usually $3,000–$8,000. Select your state in Standard mode for the exact filing fee schedule.
Does superannuation form part of the estate?
No — super does not automatically form part of a deceased estate. It is paid by the superannuation fund trustee, who has discretion about who receives it unless you have made a binding death benefit nomination (BDBN). Without a BDBN, the trustee considers your dependants but may not follow your wishes. A BDBN is free to complete through your super fund and is one of the most important estate planning steps you can take.
Do I pay CGT when I inherit property?
Not immediately. When you inherit property, no CGT is triggered at the time of inheritance. CGT only applies when you sell the asset. If it was the deceased’s main residence and you sell within 2 years, the sale is usually completely exempt. If you keep it as an investment and sell later, CGT applies to the gain from the date of death value (or original cost base for investment properties). You also inherit the deceased’s holding period for the 50% discount.
What is a testamentary discretionary trust?
A testamentary discretionary trust (TDT) is a trust that is created by your will and comes into existence when you die. It allows the executor to distribute income to beneficiaries in flexible proportions each year, potentially reducing income tax significantly. For example, income distributed to a minor from a TDT is taxed at adult marginal rates (not the punitive minor trust tax rates that apply to other trusts). A TDT adds $1,500–$3,000 to will preparation costs but can save tens of thousands in tax annually for estates above $500,000.
How long does estate administration take in Australia?
A simple estate with a valid will, no disputes, and straightforward assets typically takes 6–12 months from death to final distribution. Estates requiring probate, with property to sell, or with complex assets typically take 12–18 months. Contested estates or intestacy can take 2–5 years. The largest single cause of delay is absence of a valid will.