Alternatives to Paying the ACT Public Trustee 4.4% Probate Commission

The ACT Public Trustee and Guardian charges a capital commission of 4.4% on the first $300,000 of estate value, 3.3% on the next $300,000, 2.2% on the third $300,000, and 1.1% on the balance — plus 6.6% on all estate income. On a $600,000 Canberra property, that is roughly $23,100 in commission before the estate earns a dollar in income. If the estate is straightforward, three alternatives cost significantly less while keeping you in control.

Why People Consider the Public Trustee

The PTG is not a bad option. It exists specifically for estates where no suitable executor is available, where the executor is overwhelmed, or where the estate is small enough to benefit from the PTG's streamlined "Election to Administer" process (estates under $150,000). For genuinely complex or contested estates, professional administration provides peace of mind.

But for the majority of straightforward Canberra estates — a valid will, identifiable assets, cooperative beneficiaries — the PTG's commission structure is disproportionate. The $23,100 commission on a $600,000 estate buys a service that consists, mechanically, of filing the same Supreme Court forms, publishing the same online notice, and observing the same statutory deadlines that a self-represented executor follows.

Alternative 1: Self-File With an ACT-Specific Probate Guide

Cost: for the guide, plus court filing fees ($1,124 to $2,859 depending on estate value)

How it works: The ACT Supreme Court explicitly accepts self-represented applications. You publish the online notice, prepare Forms 3.1, 3.4, 3.11, and 3.14, file the application, receive the grant, and manage post-grant distribution yourself. A structured, ACT-specific guide provides form-by-form walkthroughs, the online notice process, bank threshold tables, and a court filing quality-assurance checklist that flags the common errors triggering requisitions.

Savings: On a $600,000 estate, you pay approximately $2,147 in court fees instead of $23,100+ in PTG commission. That is over $20,000 preserved in the estate.

Best for: Organised executors with straightforward estates, surviving spouses who want to maintain control, adult children comfortable following structured instructions.

Limitation: You are responsible for every step. If you miss a deadline or file incorrectly, the court issues a requisition and processing halts until you fix it. A guide mitigates this risk but does not eliminate it.

The ACT Probate Process Guide is built specifically for this approach — 11 chapters covering every phase from the first 48 hours through final distribution, with standalone printable checklists for the Supreme Court and Access Canberra.

Alternative 2: Hire a Canberra Probate Solicitor

Cost: $3,000 to $5,000+ retainer for obtaining the grant (additional fees for post-grant work)

How it works: A solicitor at a Canberra firm (Farrar Gesini Dunn, Bradley Allen Love, etc.) handles the entire court application on your behalf. They prepare the forms, publish the notice, file the application, and handle any requisitions.

Savings: On a $600,000 estate, a $5,000 solicitor fee is $18,100 less than the PTG commission. The solicitor also provides professional advice if complications arise during administration.

Best for: Executors who want professional support but cannot justify the PTG's percentage-based commission. Particularly valuable for estates with potential complications (multiple beneficiaries, minor discrepancies in the will, interstate property requiring resealing).

Limitation: You are paying hourly rates ($350 to $500 per hour in Canberra), so any unexpected complications — ATO issues, beneficiary disputes, additional court applications — add up quickly.

Alternative 3: Hybrid Approach — Guide Plus One-Hour Solicitor Review

Cost: for the guide, plus $350 to $500 for a one-hour solicitor review, plus court filing fees

How it works: You use a probate guide to complete all the preparatory work — ordering death certificates, publishing the online notice, gathering asset valuations, preparing the court forms. Before filing, you pay a solicitor for a single one-hour review of the completed application. They catch any formatting errors or missing elements, you correct them, and you file.

Savings: On a $600,000 estate, the total cost is approximately $2,600 to $3,000 (guide + review + filing fees) compared to $23,100+ from the PTG.

Best for: Cautious executors who want a safety net without the cost of full representation. This approach gives you professional verification without hourly billing for the routine steps.

Limitation: The solicitor review only covers the court application. Post-grant issues (ATO clearance, distribution timing, property transfers) are your responsibility unless you book additional time.

Side-by-Side Comparison

When the Public Trustee Is Still the Right Choice

The PTG makes genuine sense in specific situations:

• No suitable executor exists — the named executor has died, renounced, or is incapacitated, and no family member is willing or able to step in
• The estate is under $150,000 — the PTG can file an Election to Administer under Section 87C of the Administration and Probate Act 1929, bypassing the full court application entirely. This is genuinely simpler and faster than self-filing.
• The estate is contested — active disputes between beneficiaries, threatened family provision claims, or creditor complications benefit from a neutral, professional administrator
• The executor is elderly or in poor health — the administrative burden of months of paperwork, bank visits, and court deadlines may not be appropriate

For everything else, the commission is a significant cost that can be avoided.

Frequently Asked Questions

Is it legal to administer an ACT estate without the Public Trustee?

Yes. The PTG is an option, not a requirement. The named executor in the will has the legal right — and the legal duty — to administer the estate. The PTG becomes involved automatically only in limited circumstances: when no executor is named, when the executor renounces, or when the court specifically appoints the PTG.

What if I renounce as executor to avoid the work — does the PTG automatically take over?

Not automatically for larger estates. If all named executors renounce using Form 3.15, the beneficiaries can apply for Letters of Administration with Will Annexed. The PTG steps in only if no eligible person applies, or if the court determines that professional administration is necessary. For estates under $150,000, the PTG may file an Election to Administer.

Can I start with the PTG and then take over myself?

Once the PTG has been formally appointed by the court, you cannot simply revoke their authority. The court would need to vary or revoke the grant. It is significantly easier to start self-filing and escalate to a solicitor if needed than to reclaim administration from the PTG.

How do I know if my estate is "straightforward" enough for self-filing?

A straightforward estate typically has: a valid will, identifiable assets (property, bank accounts, superannuation), cooperative beneficiaries, no threatened claims, and solvency (assets exceed debts). If all five are true, self-filing with a guide or the hybrid approach is appropriate. If any are uncertain, consult a solicitor for an initial assessment before deciding.

Does the PTG charge on the gross or net value of the estate?

The PTG commission is calculated on the capital value of the estate — meaning the total value of assets administered. The 4.4% on the first $300,000 applies to capital, and the 6.6% income commission applies to any income the estate earns during administration (rent, dividends, interest).

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