Alternatives to the Public Trustee in Tasmania for Estate Administration

If the Public Trustee of Tasmania is named as executor in the will and you want to explore alternatives, you have three main options: administer the estate yourself using a step-by-step guide, hire a private solicitor, or have a family member appointed as administrator after the Public Trustee renounces. Each saves money compared to the Public Trustee's commission-based fees, but each comes with different tradeoffs in terms of effort, cost, and risk. Which one is right depends on the estate's complexity, the family's willingness to do the work, and whether there are disputes among beneficiaries.

What the Public Trustee Actually Charges

The Public Trustee markets its will-drafting service as free or heavily discounted. What is less visible is the commission structure that activates upon death:

• 4.5% on the first $200,000 of gross estate value
• 3.75% on the next $200,000
• 2.25% on the balance above $400,000
• 6.6% on all estate income (rent, interest, dividends)

For a $200,000 estate, that is $9,000 in capital commissions alone — before any income commissions or outsourced legal disbursements. For a $400,000 estate, commissions exceed $16,500. These fees are calculated on gross estate value before debts, meaning the commission is the same whether the estate has $50,000 in debt or none.

The Public Trustee also outsources legal work (conveyancing, tax returns, complex asset valuations) and bills those costs back to the estate as disbursements, on top of the commission.

The Reputational Context

The Public Trustee of Tasmania has faced serious scrutiny. The OTTER (Office of the Tasmanian Economic Regulator) inquiry and independent Ombudsman investigations revealed systemic issues, including clearing out clients' homes without explicit family consent and instances where the agency acted against the wishes of families. These findings have driven many Tasmanians to actively search for alternatives. For more on this, see our detailed analysis in Public Trustee Tasmania: Complaints, Fees, and What Families Should Know.

That said, the Public Trustee is not universally the wrong choice. For some estates, it is genuinely the best option. The question is whether yours is one of them.

The Four Alternatives Compared

Option 1: DIY Administration with a Guide

You handle every stage of estate settlement yourself — death certificates, bank negotiations, the Supreme Court probate application (Forms 2, 4, 5, and 10), vehicle transfers, tax returns, and final distribution. The one exception since March 2024: property held solely or as tenants in common requires a licensed conveyancer to lodge the Transmission Application with the Land Titles Office.

The When Someone Dies in Tasmania — Estate Settlement Guide provides the complete step-by-step sequence, including will handling rules to avoid Supreme Court requisitions ($61.12 per error), bank threshold strategies, the three-month contest window under the Testator's Family Maintenance Act 1912, and debt priority rules. It costs — compared to $9,000+ in Public Trustee commissions on a $200,000 estate.

This works best when the estate is straightforward, all beneficiaries agree on how to proceed, and someone in the family is willing to invest 20 to 40 hours over several months to work through the process methodically.

Option 2: Private Solicitor

A private probate solicitor handles the entire administration — court application, asset collection, creditor notifications, property transfers, tax returns, and distribution. Fees typically range from $2,000 to $10,000 depending on estate complexity, charged as either fixed fees or hourly rates ($300 to $500 per hour).

The advantage over the Public Trustee: solicitor fees are usually a fraction of commission-based fees for estates above $100,000. A solicitor charging $5,000 for a $400,000 estate saves the family over $11,000 compared to the Public Trustee's commission.

The disadvantage: solicitors bill for their time, and an estate with complications (missing assets, family disputes, intestacy) can quickly push fees toward the higher end. Get a written fee estimate before engaging.

Option 3: Family Member Appointed as Administrator

If the Public Trustee is named as executor but the family prefers someone else, you can request that the Public Trustee renounce their appointment in favour of a family member. The renunciation process involves writing to the Public Trustee and formally requesting they step aside. The Public Trustee is not legally obligated to renounce, but in practice they often will when a competent family member volunteers and the estate is straightforward.

Once the Public Trustee renounces, the family member applies for a Grant of Probate (if there is a will naming them as substitute executor) or Letters of Administration (if the will only named the Public Trustee). The family member then administers the estate exactly as in Option 1, using a guide or their own knowledge.

This option works best when the deceased used the Public Trustee's free will-drafting service without fully understanding the commission implications, and a family member is willing and capable of stepping in.

Option 4: Keep the Public Trustee

The Public Trustee is the right choice when:

• No family member is willing or able to act as executor. Estate administration takes months of sustained effort. If no one in the family can commit that time, the Public Trustee provides a guaranteed, institutional solution.
• There are active disputes among beneficiaries. A neutral third party prevents accusations of favouritism or self-dealing. Family members administering estates where siblings disagree can find themselves personally accused of mismanagement.
• The estate is genuinely complex. Business interests, multiple properties, trusts, international assets, or insolvent estates benefit from institutional infrastructure.
• Vulnerable beneficiaries need protection. If beneficiaries include minors, people with disabilities, or individuals who cannot manage their own finances, the Public Trustee's oversight provides a safeguard.

For these situations, the commission is the price of institutional expertise and neutrality.

Who This Is For

• Families who just discovered the Public Trustee's commission structure and want to understand their options before the estate administration begins
• Executors or next-of-kin managing a straightforward estate worth under $500,000 with no family disputes
• Anyone who used the Public Trustee's free will service and now realises the long-term cost implications
• Families who read about the OTTER inquiry findings and want an alternative they can trust
• Interstate family members who want a clear comparison to make a quick, informed decision

Who This Is NOT For

• Estates where the Public Trustee has already commenced administration and significant work has been completed — switching mid-stream may cost more than finishing
• Situations where beneficiaries are actively in legal conflict with each other and need a neutral administrator
• Estates with business interests, trusts, or assets in multiple jurisdictions that require professional management
• Families where no one is willing or able to invest the time required for self-administration

Tradeoffs

Leaving the Public Trustee saves money but costs time. A family member administering a $400,000 estate saves over $16,000 in commissions. But they spend 20 to 40 hours over 6 to 12 months navigating court forms, bank negotiations, property transfers, and tax returns. For some families, that is a straightforward trade. For others — especially those dealing with acute grief or limited capacity — paying the commission buys peace of mind that has genuine value.

The renunciation process is not automatic. The Public Trustee can decline to renounce if they believe the estate requires professional management or if there are concerns about the proposed replacement. Start the conversation early and in writing.

Private solicitors have their own cost curve. A solicitor is cheaper than the Public Trustee for estates above $100,000, but their fees are less predictable. Always get a written estimate, and ask whether the quote covers the full administration or just the probate application.

Frequently Asked Questions

Can the Public Trustee refuse to renounce as executor?

Yes. The Public Trustee is not legally obligated to renounce, though in practice they typically will when a competent family member volunteers and the estate is straightforward. If the estate involves vulnerable beneficiaries, disputed assets, or complex structures, they may decline. Put your request in writing and ask for a written response explaining their decision.

How much does the Public Trustee charge on a $200,000 estate?

Capital commission alone is $9,000 (4.5% on the first $200,000). If the estate earns income — for example, rent on a property being prepared for sale — the Public Trustee takes an additional 6.6% of that income. Legal disbursements for conveyancing and tax work are billed separately on top.

Is a private solicitor always cheaper than the Public Trustee?

For estates above approximately $100,000, yes. A solicitor typically charges $2,000 to $10,000 for full estate administration. The Public Trustee's 4.5% commission on a $200,000 estate is $9,000 — more than most solicitors charge for straightforward probate. Below $50,000, the difference narrows and may not be worth the effort of switching.

Can I administer the estate myself if the Public Trustee renounces?

Yes. Once the Public Trustee renounces, you apply for a Grant of Probate or Letters of Administration and administer the estate as a self-represented executor or administrator. The When Someone Dies in Tasmania — Estate Settlement Guide covers every step of this process in detail. The only stage where you must engage a professional since March 2024 is lodging a Transmission Application for solely-owned real property.

What happens if I do nothing and let the Public Trustee proceed?

The Public Trustee administers the estate at their institutional pace, deducts their commission and disbursements from the estate's assets, and distributes the remaining balance to beneficiaries. The process typically takes 12 to 18 months. You receive periodic statements but have limited control over timing or decisions. The commission is deducted regardless of how simple the estate turns out to be.

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