The recommended charges for solicitors proving the will depend on the gross value of the estate. Additional charges will be made where a solicitor also acts as an executor or where conveyancing or other work is involved (e.g. where a joint tenancy is converted to a single tenancy). The following charges are therefore a basic minimum for obtaining the grant of probate or administration only. See Order 9.01 of the A&P Rules.

State Trustees charges up to 5.5% of the total value of the estate, and 6.6% per annum on gross income received by the estate.

For administering an estate a private trustee company may charge up to 5.5% of the capital value of the estate and up to 7% on income received by the estate (s.21 Trustee Companies Act 1984 (Vic)). The State Trustee and other trustee companies will give particulars of their exact charges upon request.

A person appointed executor/trustee or granted letters of administration is entitled to apply to the Supreme Court of Victoria for a commission or percentage not exceeding 5% of the deceased's gross assets (s.65 A&P Act). The usual rate of capital commission that is allowed by the court is between 2% and 3% of the gross assets of the estate, depending on the amount of time and trouble the executor incurs in winding up the estate. An executor may also be granted commission on income of an estate during the time the estate is administered by the executor. No specific rate is fixed by legislation, but percentages of up to 5% are usual, depending on the difficulty of administration.

It is unusual for the full amount of commission of 5% to be granted unless the estate is very complex or the circumstances are very unusual. The commission will be reduced or refused if the court is satisfied that the executor, administrator or trustee was guilty of misconduct or incompetence in relation to carrying out their duties to the estate.

It is possible to avoid an application to the court if: