DIY Probate Guide vs Public Trustee in South Australia

If you are choosing between handling probate yourself with a guide and handing the estate to the Public Trustee, here is what matters: the Public Trustee is the right choice when there is no willing executor, when family conflict makes neutral administration essential, or when the executor genuinely cannot manage the process. For most straightforward estates with a willing executor, DIY probate with a structured guide costs significantly less and gives you direct control over the timeline.

How the Public Trustee Works Under the Succession Act 2023

The Public Trustee of South Australia operates under the Public Trustee Act 1995 and plays two distinct roles in estate administration.

Small estate administration (Section 73): For estates valued at $100,000 or less with no real property, the Public Trustee can administer the estate without any Supreme Court application. They publish a notice in the Government Gazette and on their website, which creates a "deemed grant" — no court filing fees, no CourtSA portal, no physical will lodgement. This is the simplified pathway designed for modest estates.

Standard administration: For larger estates, the Public Trustee acts as a professional administrator. They file through CourtSA, manage bank releases, handle property transfers through Land Services SA, and distribute to beneficiaries. The Public Trustee is often appointed when the will names them, when no executor is willing or able to act, or when SACAT appoints them for an incapacitated person's estate.

The Cost Comparison

This is where the decision crystallises. The Public Trustee charges fees that scale with estate value.

The arithmetic is plain. On a $100,000 estate with no real property, the Public Trustee's Section 73 pathway avoids the $987 court fee — but their 4.4% commission ($4,400) is four times what you would pay doing it yourself through CourtSA. On a $200,000 estate, the gap widens to nearly $8,000.

The Public Trustee also charges an annual Active Administration and Audit Fee of $204 for each year the estate remains under management. Estates with property sales, complex superannuation claims, or delayed distributions can remain open for 12 to 24 months, adding $204 to $408 in audit fees.

When the Public Trustee Makes Sense

The cost comparison favours DIY probate in almost every scenario where a willing, capable executor exists. But cost is not the only factor.

No willing executor. If every executor named in the will has died, renounced, or is unable to act — and no family member is willing to apply for Letters of Administration — the Public Trustee is the default safety net. Someone must administer the estate, and the Public Trustee exists precisely for this situation.

Family conflict. When siblings are fighting over the estate, when there are allegations of undue influence, or when a family provision claim is likely, a neutral third-party administrator prevents the executor from being accused of favouritism. The Public Trustee's decisions carry institutional authority that a family member's decisions do not.

Executor incapacity. If the named executor has dementia, a disability, or lives overseas with no capacity to manage an Australian legal process, the Public Trustee can step in through a SACAT appointment.

Genuinely small estates with no real property. For estates under $100,000 with no real property, Section 73 lets the Public Trustee bypass CourtSA entirely. If the estate is under $50,000, the 4.4% commission ($2,200) may be worth paying to avoid the CourtSA learning curve altogether. The smaller the estate, the closer the costs converge.

When DIY Probate With a Guide Is the Better Choice

The estate is straightforward. One property, a few bank accounts, superannuation paid to a nominated beneficiary, and a clear will with no disputes. This describes the majority of South Australian estates.

You want control over the timeline. The Public Trustee manages hundreds of estates simultaneously. Your estate joins their queue. DIY means you can file when your documents are ready, follow up with banks directly, and push for faster resolution. Beneficiaries waiting for distributions from the Public Trustee frequently report delays of 12 to 18 months.

The estate has real property. Once real property is involved, the Public Trustee must file through CourtSA like everyone else — so the Section 73 shortcut disappears. You pay their commission on top of the same court fees and Land Services SA costs you would pay yourself.

You want to minimise the cost to beneficiaries. On a $200,000 estate, the difference between DIY and the Public Trustee is roughly $8,000. That is $8,000 more going to the people the deceased intended to provide for.

Who This Is For

• Executors weighing whether the Public Trustee's convenience justifies the commission cost
• Families with a straightforward SA estate (clear will, no disputes) who want to keep costs low
• Executors of small estates under $100,000 trying to decide between Section 73 and DIY probate
• Anyone referred to the Public Trustee by a funeral director or government website who wants to understand the cost before committing

Who This Is NOT For

• Estates where no willing executor exists — the Public Trustee may be your only option
• Estates involving active family disputes where neutral administration is legally necessary
• Executors who genuinely cannot manage the CourtSA process due to capacity, location, or language barriers

The Practical Middle Ground

Many executors use a guide to understand the process and then make an informed decision about whether to engage the Public Trustee. Reading through the CourtSA requirements, the bank release thresholds, and the property transfer procedures gives you a realistic picture of what DIY involves — before you commit to either path.

The South Australia Probate Process Guide walks through every stage of the process under the Succession Act 2023, including the decision framework for whether probate is needed at all. If you work through the guide and decide the process is beyond what you can manage, you have lost nothing — and you will be a better-informed client when you engage the Public Trustee.

Frequently Asked Questions

Can I switch from DIY probate to the Public Trustee partway through?

Yes. If you start the CourtSA application and decide you cannot complete it, you can formally renounce your role as executor (using Form PROB16) and refer the estate to the Public Trustee. You will have done the initial groundwork — locating the will, identifying assets, obtaining the death certificate — which the Public Trustee can build on.

Does the Public Trustee charge less for small estates?

The commission rate is the same (4.4% on the first $200,000), but smaller estates pay less in absolute terms. On a $30,000 estate, the commission is $1,320 — which may feel reasonable for full-service administration. On a $150,000 estate, the commission is $6,600 — which is comparable to hiring a private solicitor.

How long does the Public Trustee take to administer an estate?

Typical timeframes are 12 to 24 months for straightforward estates. Complex estates with property sales, contested claims, or superannuation disputes can take longer. By comparison, a self-represented executor filing through CourtSA can often obtain the grant in 4 to 12 weeks and complete distribution within 6 to 12 months.

Does the Public Trustee handle the property sale?

Yes. The Public Trustee engages conveyancers and real estate agents on behalf of the estate. However, their conveyancer fees and agent commissions are charged to the estate on top of the capital commission — so the total cost of property administration through the Public Trustee is significantly higher than managing it yourself.

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

If the will names the Public Trustee, they are the legally appointed executor and will administer the estate according to the will's terms. In this case, you do not have a choice between DIY and the Public Trustee — the testator made the decision. The commission fees apply as described above.

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