Alternatives to the Public Trustee of Tasmania for Probate

If you're considering the Public Trustee of Tasmania for probate, check the fee schedule before signing anything: 4.5% commission on the first $200,000 of gross estate value, 3.5% on the next $200,000, 2.5% on the next $200,000, plus 6.6% on all estate income earned during administration. On a $200,000 estate, that's over $9,000 in commissions before they bill for outsourced legal work. The alternatives — handling probate yourself with a guide, hiring a private solicitor, or using a private trustee company — all cost less for most estates.

The Public Trustee markets convenience. And it delivers convenience. But that convenience comes at a price that can consume a significant portion of a modest estate's value — the very estates where every dollar matters most to the beneficiaries.

The Alternatives, Compared

Alternative 1: Handle Probate Yourself With a Guide

The most cost-effective alternative. The Supreme Court of Tasmania permits self-represented applicants, and the process is fundamentally administrative — standardised forms, published fees, fixed deadlines.

What you need: a Tasmania-specific guide that bridges the gap between the blank Supreme Court forms and the line-by-line instructions the court refuses to provide. The Tasmania Probate Process Guide covers the complete filing sequence — decision tree, form-by-form instructions, bank thresholds, pre-filing quality assurance checklist, and post-grant distribution steps — for less than fifteen minutes of a Hobart solicitor's time.

Cost savings on a $200,000 estate: approximately $8,500 compared to the Public Trustee.

Best for: straightforward estates (one property, a few bank accounts, clear will, no disputes) where the executor is willing and able to handle administrative paperwork.

Not suitable when: the estate involves contested wills, complex trusts, or assets in multiple jurisdictions.

Alternative 2: Hire a Private Probate Solicitor

A Hobart probate solicitor charges a fixed fee or hourly rate — not a percentage of the estate. For straightforward grants, expect $2,000–$5,000. Complex estates with contested wills or cross-jurisdictional assets may run $5,000–$15,000, but you're paying for actual work performed, not a flat percentage applied to gross value.

The key advantage over the Public Trustee: a solicitor's fee doesn't scale with estate size. On a $200,000 estate, a $3,000 solicitor fee saves $6,000 compared to the Public Trustee's commission. On a $400,000 estate, the savings grow to $7,000–$9,000.

Best for: estates with genuine legal complexity — contested wills, blended family disputes, business assets — where legal judgment (not just form-filling) is required.

Watch for: some solicitors charge percentage-based fees similar to the Public Trustee. Always ask for a fixed-fee quote or capped estimate before engaging.

Alternative 3: Use a Private Trustee Company

Private trustee companies (such as Equity Trustees or Perpetual) offer estate administration services that compete with the Public Trustee. Their fees are typically percentage-based but negotiable, and they often provide more responsive service than the Public Trustee's caseload allows.

Best for: large, complex estates requiring professional ongoing management — estates with investment portfolios, rental properties, or beneficiaries who need managed distributions.

Not suitable for: modest estates where the percentage fee would be disproportionate to the work involved.

When the Public Trustee Actually Makes Sense

The Public Trustee is the right choice in specific situations:

• No executor named or willing: if every named executor has renounced and no family member will apply for Letters of Administration, the Public Trustee can step in as administrator of last resort
• Section 20A small estates: for estates under $30,000, the Public Trustee can elect to administer without a formal court grant — bypassing the Supreme Court process entirely. The minimum fee applies ($1,500–$4,500), but this can be simpler than a court application for very small estates.
• Nobody capable of paperwork: if the sole beneficiary is elderly, unwell, or unable to manage administrative tasks, and no family member or friend can assist, the Public Trustee provides a complete delegated service
• Complex family disputes: when beneficiaries are in active conflict and an independent administrator would reduce tension

The Public Trustee's value is removing the burden entirely. If that burden is something you're willing to carry — or can afford to have a solicitor carry at a fixed fee — the percentage commission is unnecessary.

The Hidden Costs of the Public Trustee

Beyond the published commission rates:

• 6.6% income commission: on interest, dividends, and rental income earned by the estate during administration. If the estate includes a rental property or investment portfolio, this adds up quickly.
• Outsourced legal fees: the Public Trustee does not necessarily handle all legal work in-house. Complex matters may be referred to external solicitors, whose fees are charged to the estate on top of the commission.
• Minimum fees: even if the percentage calculation yields a low figure, minimum fees of $1,500–$4,500 apply.
• Pace: the Public Trustee manages a large caseload. Your estate competes for attention with every other estate they're administering. Private solicitors and self-represented executors often complete the administrative steps faster simply because they're focused on one estate.

Who This Is For

• Families who've been quoted the Public Trustee's fees and are looking for a cheaper way to handle probate
• Executors of modest estates ($100,000–$300,000) where the 4.5% commission would consume thousands that should go to beneficiaries
• Anyone named in a will as executor who is considering renouncing in favour of the Public Trustee — before renouncing, understand what the alternatives cost
• Beneficiaries who are concerned about the Public Trustee's commission reducing their inheritance

Who This Is NOT For

• Estates with no willing executor and no family member able to step into the administrator role — the Public Trustee may genuinely be the only option
• Beneficiaries who are minors, have disabilities, or need ongoing trust management — the Public Trustee's structured administration may be appropriate
• Estates where all parties agree the convenience is worth the commission — this is a legitimate choice when the executor values their time and stress relief above the fee

Frequently Asked Questions

Can I switch away from the Public Trustee after they've started?

It depends on how they were appointed. If the Public Trustee was named in the will as executor, they hold the role unless they renounce or are removed by the court. If they were appointed by election (Section 20A) for a small estate, the family may be able to arrange an alternative before the grant is issued. Once a grant is sealed in the Public Trustee's name, changing administrators requires a Supreme Court application — which involves legal costs of its own.

Is the Public Trustee's "free will" service genuinely free?

The will drafting is free. But the will typically names the Public Trustee as executor — which triggers their commission schedule when the will-maker dies. The cost is deferred, not eliminated. Families who use the free will service and later realise the commission implications can update the will to name a private executor instead, but many never do.

What if the deceased's will names the Public Trustee as executor?

The Public Trustee is not obligated to act — they can renounce the appointment if they choose. Conversely, if the family wants to avoid the Public Trustee's fees, they can ask the Public Trustee to renounce in favour of an alternative executor. The Public Trustee may agree, particularly if the estate is straightforward and a capable family member is willing to act. This requires their cooperation — they cannot be forced to renounce.

How do I calculate the exact Public Trustee fee for my estate?

Apply the commission tiers to the gross estate value (assets before debts):

• First $200,000: 4.5% = up to $9,000
• Next $200,000: 3.5% = up to $7,000
• Next $200,000: 2.5% = up to $5,000
• Add 6.6% of any income earned during administration

For example, a $250,000 estate: ($200,000 × 4.5%) + ($50,000 × 3.5%) = $9,000 + $1,750 = $10,750, plus income commission. Compare that to a self-guided approach at plus court fees.

Do I still pay court filing fees if the Public Trustee handles everything?

Yes. The Supreme Court filing fee ($534.80–$1,336.24) is charged to the estate regardless of who files the application. The Public Trustee's commission is on top of court fees, not instead of them.

See more Tasmania guides →