Alternatives to the WA Public Trustee for Estate Administration

If the Public Trustee of Western Australia has been named as executor in a will and you want to explore alternatives, you have several options — from applying to the Supreme Court for substitution to administering the estate yourself with a comprehensive guide. The best alternative depends on the estate's complexity and how much control the family wants to retain. For straightforward estates, self-administration with a WA-specific guide saves thousands compared to the Public Trustee's commission-based fees.

The reason families look for alternatives is almost always the fees. The Public Trustee operates on a government-approved fee scale that includes up to 6.6% on income earned by the estate plus approximately 4.5% capital commission on the first $200,000 of estate value. On a modest Perth house worth $550,000 and a super payout of $200,000, that commission structure can consume $15,000 to $25,000 — substantially more than a private solicitor or DIY administration would cost.

Why the Public Trustee Gets Named in So Many WA Wills

The Public Trustee WA historically offered free or heavily subsidised will-drafting services, on the condition that the Public Trustee was named as executor. Many older West Australians accepted this arrangement decades ago without understanding the fee implications. When death occurs and families discover the fee structure, the shock is acute — particularly because the free will was drafted to lock in the Public Trustee's involvement, not to serve the family's best interests at the time of administration.

The WA Auditor General has noted that the Public Trustee does not receive the same independent board oversight as other fee-for-service government entities, contributing to widespread complaints about slow administration timelines and opaque communication.

The Five Alternatives

1. Self-Administration With a Guide

Cost: for a comprehensive guide + $408 court filing fee + Landgate and bank fees Best for: Straightforward estates (home, bank accounts, superannuation, clear will) where a family member is willing to do the work

The most cost-effective alternative. The Supreme Court of WA supports self-represented applicants through the eCourts Portal. A family member (typically the surviving spouse or adult child) applies for a Grant of Probate and handles the entire administration: bank closures, Landgate property transfers, ATO tax returns, creditor notifications, and beneficiary distributions.

The challenge is that WA's system is procedurally strict — the eCourts Portal generates forms you cannot submit online, Landgate's VOI-02 form is not available at Australia Post, and each court requisition adds three to four weeks. A WA-specific estate settlement guide eliminates most errors by providing the exact sequence, form-by-form instructions, and escalation markers.

Pros: Lowest cost by far. Family retains full control. No percentage-based commissions. Cons: Requires time and comfort with government paperwork. Not suitable for contested or complex estates.

2. Private Probate Solicitor

Cost: $2,500–$5,000 for the Grant of Probate; $8,000–$15,000 for full estate administration Best for: Estates with moderate complexity, families who want professional handling, or contested situations

A private solicitor charges a fixed fee or hourly rate rather than a percentage of the estate. For most estates, this is cheaper than the Public Trustee's commission model. Firms like Perth Probate Centre, HHG Legal Group, and Go To Court Lawyers offer WA-specific estate administration services.

Pros: Professional handling reduces rejection risk. Fixed or hourly fees are typically lower than Public Trustee commissions. Solicitors are responsive to the client (the family), not to a government schedule. Cons: Still costs thousands. Some firms quote only the probate application; full administration is billed hourly on top.

3. Apply to the Supreme Court to Substitute the Executor

Cost: Legal fees to make the application (typically $1,500–$3,000) Best for: Situations where the Public Trustee is named executor but the family wants a family member or private solicitor to take over

Under the Administration Act 1903 (WA), the Supreme Court has the power to pass over a named executor and appoint an alternative if there are valid grounds. Grounds can include the family's preference for a more responsive administrator, the fee structure being disproportionate to the estate's needs, or the Public Trustee's known administration delays.

This is not guaranteed — the court weighs the testator's intentions against the practical interests of the beneficiaries. But WA courts have recognised that the Public Trustee's appointment was often a consequence of the free will-drafting program rather than a deliberate, informed choice by the deceased.

Pros: Removes the Public Trustee entirely. Replaces percentage fees with fixed or zero cost (if a family member takes over). Cons: Requires a court application with associated legal costs. Not guaranteed to succeed.

4. Renunciation by the Public Trustee

Cost: Nil if the Public Trustee agrees; legal fees if contested Best for: Situations where the estate is small and the Public Trustee may voluntarily step aside

The Public Trustee can voluntarily renounce its role as executor if it determines the estate does not warrant its involvement. This is more likely for small estates (under $50,000) where the administrative overhead exceeds the fee revenue. The family then applies for Letters of Administration or a Grant of Probate to an alternative executor named in the will (if one exists).

Pros: Free if the Public Trustee agrees. Clean legal transition. Cons: Entirely at the Public Trustee's discretion. Unlikely for estates large enough to generate meaningful fee income.

5. Negotiate Reduced Fees

Cost: The Public Trustee's standard fee scale minus any agreed reduction Best for: Families who are comfortable with the Public Trustee handling administration but want to reduce the fee impact

The Public Trustee's fee scale is a maximum, not a minimum. Families can negotiate reduced fees, particularly if the estate is straightforward and the family is willing to handle some administrative tasks (such as bank notifications or gathering documents) to reduce the Public Trustee's workload.

Pros: No court application needed. Keeps the existing appointment intact. Cons: Reductions are discretionary and often modest. The fundamental commission structure remains.

Cost Comparison

Who This Is For

• Families who discovered the Public Trustee was named executor and are shocked by the fee structure
• Beneficiaries of estates where the deceased accepted a free Public Trustee will decades ago without understanding the fee implications
• Anyone weighing the Public Trustee's commission against cheaper alternatives for a straightforward estate
• Family members willing to administer the estate themselves if given a clear roadmap

Who This Is NOT For

• Families with no willing or capable family member to act as executor — the Public Trustee exists for exactly this situation
• Estates with no beneficiaries who object to the Public Trustee's involvement
• Complex estates (business interests, trusts, interstate assets) where the Public Trustee's institutional capacity is genuinely needed
• Situations where family conflict makes a neutral, institutional executor essential

The Bottom Line

The Public Trustee serves an important role for people with no family, no capable executor, or estates requiring institutional neutrality. But for the majority of straightforward WA estates — a family home, bank accounts, superannuation, and willing family members — the fee structure is disproportionate. Self-administration with the When Someone Dies in Western Australia — Estate Settlement Guide costs a fraction of the Public Trustee's commission and gives the family complete control over the timeline and process.

Frequently Asked Questions

Can I remove the Public Trustee as executor after someone has died?

You can apply to the Supreme Court of Western Australia to pass over the Public Trustee and appoint an alternative executor. This requires a formal application with legal grounds — typically that the family can administer the estate more efficiently and at lower cost. Success is not guaranteed but is achievable, particularly when the Public Trustee was named as a result of the free will-drafting program.

How much does the Public Trustee charge on a typical WA estate?

The Public Trustee charges up to 6.6% on income earned by the estate and approximately 4.5% capital commission on the first $200,000 of estate value. On a $750,000 estate with a house sale and superannuation, fees can reach $15,000 to $25,000.

Can the family handle some tasks to reduce Public Trustee fees?

Yes. Families can negotiate a reduced fee by offering to handle tasks like bank notifications, gathering documents, and managing personal property. The Public Trustee's fee scale represents maximums, not fixed charges, though reductions are at their discretion.

What if the will names both the Public Trustee and a family member?

If the will names the Public Trustee as executor and a family member as an alternative (or co-executor), the family member may have standing to take over administration without a court application, depending on the will's specific wording. A solicitor can advise on the will's construction.

Is the Public Trustee faster than doing it yourself?

Generally, no. Consumer forums and Auditor General reports indicate the Public Trustee's administration timeline is typically 12 to 24 months for straightforward estates. Self-administration with a guide takes 6 to 16 weeks. Private solicitors typically complete straightforward administration in 8 to 16 weeks.

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