Solicitors play a crucial role in the administration of deceased estates. Solicitors who practise in estate administration must understand the regulation of costs of application for probate and administration.

See Legal costs.

Where instructions are received on or after 1 July 2015, reg 26 of the Legal Profession Uniform Law Application 2015 (NSW) states that costs are fixed in accordance with Sch 3 of the Regulation in respect of the granting, or resealing, of probate or letters of administration but that the clause does not apply to costs in respect of any other aspect of the administration of estates. When engaging with clients, solicitors must disclose to their clients their fees (including GST) fixed in accordance with Sch 34 of the Regulation for work in estates.

Legal costs in Victoria are governed generally by the Legal Profession Uniform General Rules 2015 (Vic) and the Practitioner Remuneration Order 2012.

Victoria has set fees/scale for non-contentious probate matters as set out in Appendix 3-A (scale for probate) of the Supreme Court (Administration and Probate) Rules 2004 (Vic).

Queensland practitioners are not covered by any scale for non-contentious probate matters, but are governed generally by the Legal Profession Act 2007 (Qld) and the Legal Profession Regulation 2007 (Qld).

Applications are expensive and prudent solicitors always obtain costs from their clients before commencing an application and particularly before commencing any litigation. Many practitioners enter into written contracts with their clients so that they can contract out of the scales fixed by the Supreme Court for litigious applications or contested matters. The court has fixed fees for standard applications that are usually updated annually. The Supreme Court costs are a determination made by the legal costs committee pursuant to the Legal Practice Act 2003 (WA) and is titled the Legal Practitioners (Supreme Court) (Contentious Business Determination) 2012 (WA) and the Legal Practitioners (Non-Contentious Probate Costs) Report 2011 made pursuant to the Legal Practice Act 2008 (WA), a determination made by the legal costs committee under Div 5 of Pt 10 of the Legal Profession and Practice Act 2008 (WA).

South Australian practitioners are not covered by any scale for non-contentious probate matters, but are governed generally by the Legal Practitioners Act 1981 (SA) and the Legal Practitioners Regulations 2009 (SA).

When engaging with clients, solicitors must disclose to their clients their fees (including GST) for obtaining the grant of representation and for work involved in the administration of the estate.

See Cost of applications.