Alternatives to the Public Trustee SA for Estate Administration
There are four real alternatives to using the Public Trustee SA for estate administration: self-administration by the executor named in the will, engaging a private solicitor or estate administration firm, using the small estate Gazette pathway independently, or requesting that the Public Trustee renounce their appointment so a family member can apply for Letters of Administration. Each option has different cost structures, capability requirements, and timelines. For a straightforward estate where a capable family member is available and willing, self-administration using a current estate settlement guide is typically the lowest-cost path and gives the family the most control. For genuinely complex estates or situations where no suitable executor is available, the Public Trustee's institutional infrastructure provides real value despite the commission cost.
Understanding the Public Trustee's Commission Structure First
Before evaluating alternatives, the family needs to know what they are comparing against. The Public Trustee of South Australia charges:
- 4.4% on the first $200,000 of gross estate value
- 3.3% on the next $200,000 (to $400,000)
- 2.2% on the next $200,000 (to $600,000)
- 1.1% on the remainder above $600,000
- 5.5% commission on all estate income during administration
- $204 annual active administration and audit fee
- $277 per hour for tax advice and tax return preparation
"Gross estate value" means before debts are deducted. A $450,000 home with a $150,000 mortgage attracts commission on $450,000, not $300,000. For a $500,000 estate, capital commission alone typically exceeds $13,000 — before income commission, audit fees, or third-party conveyancing costs.
A partial concession applies on the transfer of the matrimonial home to a surviving spouse (half the standard rate on that asset only). No other concessions reduce the commission structure.
The Four Alternatives
Alternative 1: Self-Administration by the Named Executor
If the will names an executor — most commonly an adult child, sibling, or trusted friend — that person can administer the estate independently using the CourtSA electronic filing system. No professional intermediary is required.
The South Australian probate system is procedurally specific but manageable. The Succession Act 2023 does not mandate legal representation. The CourtSA portal accepts self-represented applications. The main requirements are adherence to the Uniform Civil Rules 2020 — specifically the 100-point identity check under Rule 351.8 and the Will marking and lodgement procedure under Rule 356.5 — and accurate preparation of the Statement of Assets and Liabilities.
Best for: Clear wills, uncomplicated asset structures (home, bank accounts, vehicle, personal property), no family disputes, executor who is capable and available.
Not suitable for: Contested wills, insolvent estates, complex asset structures, executors who are themselves incapacitated or unwilling.
Cost: CourtSA court filing fees ($957–$3,826 depending on estate value) plus the cost of a current estate settlement guide. No commission on estate value.
Alternative 2: Engage a Private Solicitor or Estate Administration Firm
A private solicitor takes on the administration on the executor's behalf. The executor retains legal authority and fiduciary responsibility but delegates the procedural work — gathering documents, preparing the CourtSA application, lodging the original Will, managing the grant process, and coordinating property transfers — to the solicitor's firm.
In South Australia, straightforward probate solicitor fees range from $2,500 to $8,000 for a standard estate. Complex estates — contested wills, offshore assets, Self-Managed Superannuation Funds, insolvent estates — run significantly higher. These fees are in addition to the CourtSA court filing fees, which are paid regardless of who prepares the application.
A key distinction from the Public Trustee: a solicitor charges a fixed fee or hourly rate, not a percentage of the estate. For high-value estates, this often makes solicitor fees significantly less than the Public Trustee's commission. A solicitor's fee for a $600,000 estate might be $4,000 to $8,000. The Public Trustee's commission on the same estate approaches $19,800.
Best for: Executors who want professional management without the percentage-based commission structure of the Public Trustee. Particularly cost-effective for higher-value estates.
Not suitable for: Executors on tight budgets who need to minimise total estate costs.
Cost: $2,500–$8,000+ (solicitor fees) plus court filing fees. No commission on estate value.
Alternative 3: Independent Use of the Small Estate Gazette Pathway
Under the Succession Act 2023, for estates valued at $100,000 or less that do not include real property, there is a simplified administration pathway — but it is not exclusive to the Public Trustee. The Succession Act permits simplified administration of small estates, and families can pursue simplified processes (including bank release under Section 100's $15,000 threshold and institutional discretionary releases) without any formal court application.
Section 100 of the Succession Act 2023 allows any person or institution holding $15,000 or less in cash or personal property to release it directly to a surviving spouse, domestic partner, or child without a grant of probate. Most major banks also have internal discretionary thresholds of $50,000 to $114,000 for releases without probate, subject to a signed indemnity form.
If the total estate consists only of bank accounts, vehicles, and personal property below these thresholds, the estate may be settleable entirely without a formal probate application — or with a minimal administration process that bypasses CourtSA altogether.
Best for: Small estates with no real property and assets below institutional release thresholds.
Not suitable for: Any estate involving real property, or estates where assets exceed bank release thresholds and a formal grant is required.
Cost: Minimal — death certificate, bank notification, and transfer costs only.
Alternative 4: Request Public Trustee Renunciation
If the Public Trustee is appointed as executor in the will, they can be asked to renounce their appointment, provided they have not yet commenced active administration. Renunciation returns the executorship to an alternate executor named in the will, or opens the path for a family member to apply to the Supreme Court for Letters of Administration.
Critical timing: This must happen quickly. Once the Public Trustee has opened the estate file, engaged valuers, or commenced asset management, renunciation becomes significantly more complicated. Contact the Public Trustee as soon as possible after the death — ideally within the first week — to discuss renunciation before active administration begins.
After renunciation is accepted, the estate can be administered via any of the three alternatives above: self-administration, private solicitor, or (for qualifying small estates) simplified pathways.
Best for: Families who discover the commission structure after the death and have not yet allowed the Public Trustee to begin active administration.
Not suitable for: Situations where the Public Trustee has already commenced administration, or where no suitable alternate executor can be identified.
Cost: Renunciation itself has no fee. The chosen alternative then carries its own costs.
Side-by-Side Comparison
| Dimension | Self-Admin + Guide | Private Solicitor | Small Estate Pathway | Renunciation + Alternative |
|---|---|---|---|---|
| Commission on estate | None | None | None | Replaced with alternative's structure |
| Commission on $500k estate | $0 | $0 | N/A | $0 (after renunciation) |
| Professional fees | Guide cost only | $2,500–$8,000+ | Minimal | Depends on chosen alternative |
| Court filing fees | Yes (if probate required) | Yes | Unlikely | Yes (if probate required) |
| Family control | Full | Executor retains; solicitor advises | Full | Full (after renunciation) |
| Speed | Executor-controlled | Solicitor-dependent | Fastest (no probate) | Depends on timing of request |
| Suitable for complex estates | Limited | Yes | No | Depends on alternative chosen |
| Geographic flexibility | Guide covers remote process | Solicitor manages | Straightforward | Solicitor often advisable for remote |
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Who This Is For
- Families who have just discovered the Public Trustee commission structure and want to know whether they have any options before accepting the appointment as inevitable
- Families where the Public Trustee was appointed via a free will service who did not understand the fee implications at the time of will drafting
- Executors named as co-executors alongside the Public Trustee who want to understand whether they can take over independently
- Families with a capable adult willing to serve as executor but who assumed the Public Trustee appointment was mandatory
- High-value estates where the percentage-based commission structure creates a larger fee than a fixed-rate solicitor would charge
Who This Is NOT For
- Families with no capable adult executor available — the Public Trustee's institutional continuity is a genuine benefit when no suitable family member can take on the role
- Estates with contested wills or threatened family provision claims — the Public Trustee's institutional capacity for managing litigation is valuable in high-conflict situations
- Very complex estates involving offshore assets, SMSFs, or corporate structures where the Public Trustee's specialist expertise justifies the commission
- Executors who have already allowed the Public Trustee to commence active administration — renunciation at this stage is significantly more complex and may require court approval
Frequently Asked Questions
Can I stop the Public Trustee from administering the estate?
Yes, if you act quickly. Before the Public Trustee has commenced active administration — opened files, engaged valuers, or taken control of assets — you can request renunciation. Contact the Public Trustee's office promptly after the death, ideally within the first week. If a suitable alternate executor exists (either named in the will as a substitute or a willing family member who applies for Letters of Administration), renunciation is generally straightforward. If the Public Trustee has already begun administration, substituting them requires court involvement and is considerably more complex.
How much does a solicitor charge compared to the Public Trustee for the same estate?
For a $500,000 estate: the Public Trustee's capital commission alone typically exceeds $13,000 (4.4% on $200,000 plus 3.3% on $300,000). A private solicitor's fee for straightforward estate administration of the same estate typically ranges from $4,000 to $8,000 — a fixed professional fee, not a percentage of the estate value. For estates above $400,000, the solicitor's fixed fee structure almost always results in lower total professional costs than the Public Trustee's commission structure. Add income commission, audit fees, and tax fees on the Public Trustee's side, and the savings from choosing a solicitor increase further.
What happens if no one is willing to be executor instead of the Public Trustee?
If no family member is willing or able to serve, and the will does not name an alternate executor, the Public Trustee's institutional role provides genuine value. The estate must be administered — it cannot simply be ignored. If renunciation proceeds without an identified replacement executor, the estate falls into intestate-adjacent administration, and the family must apply to the Supreme Court for Letters of Administration. If that application is unlikely to succeed, the Public Trustee remains the appropriate administrator. The commission fee, while significant, is the cost of institutional administration in the absence of alternatives.
Is the Public Trustee's free will drafting service genuinely free?
The will drafting service is free. The executor appointment is not — it is deferred payment that becomes due only after the death, at a percentage rate applied to the entire gross estate value. Many South Australians sign wills through the Public Trustee's service without understanding that the commission structure will eventually apply to their estate. The Succession Act 2023 does not change this structure. Families reviewing existing wills where the Public Trustee is appointed should calculate the likely commission against the cost of alternative executorship to make an informed decision.
What is the fastest alternative to the Public Trustee for a small estate?
For an estate valued at $15,000 or less in cash or personal property, Section 100 of the Succession Act 2023 requires financial institutions to release assets directly to a surviving spouse, domestic partner, or child without any formal court process. For estates up to $50,000 to $114,000 (depending on the bank), institutional discretionary release policies may apply without probate — though an indemnity form is typically required. For estates with no real property and assets within these thresholds, the fastest path to settlement does not involve the Public Trustee, a solicitor, or CourtSA — it involves presenting the death certificate and a copy of the will directly to the bank's bereavement team.
The When Someone Dies in South Australia — Estate Settlement Guide includes the Public Trustee fee calculator worksheet, the renunciation process, and the complete self-administration sequence under the Succession Act 2023 — so you can calculate the real cost of every alternative and choose the path that gives your family the best outcome.
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