Public Trustee WA: Fees, Complaints, and How to Avoid Them

Most families only discover what the Public Trustee of Western Australia actually charges after their loved one has already died. By then, the appointment is locked in — typically because the deceased accepted a free will-drafting service years ago and signed away their executor role in the process. If you're dealing with this situation right now, or if you're trying to plan ahead, here is what you need to know.

What Is the Public Trustee WA?

The Public Trustee of Western Australia is a statutory authority established under the Public Trustee Act 1941 (WA). It acts as executor, administrator, or trustee for deceased estates across the state. It is a government entity, but it is not a free or subsidised service. The Public Trustee charges fees — sometimes substantial ones — under a government-approved scale.

Its involvement in an estate can arise in two main ways:

1. Named as executor in the Will. The Public Trustee offered free will-drafting services for decades, on the condition that they were appointed as executor. Many Western Australians took up this offer without fully understanding the long-term implications for their family.
2. Appointed by the court. If there is no will, if the named executor has died or renounced, or if there is significant family conflict, the Supreme Court of Western Australia may appoint the Public Trustee to administer the estate.

Public Trustee WA Fees: What They Actually Charge

This is where most families receive a shock. The Public Trustee operates under a regulated fee schedule that is broadly divided into two categories.

Capital commissions are charged on the gross value of assets the Public Trustee deals with. The rate is approximately 4.5% on the first $200,000 of estate value, with a sliding scale for higher values. On a modest home in Perth or regional WA worth $600,000, this commission alone can amount to $15,000 or more — before any other fees are applied.

Income commissions are charged at up to 6.6% of all interest and income earned by the estate during the administration period. If the estate holds investment properties, shares, or managed funds, these charges compound over time.

Beyond these commissions, the Public Trustee may also charge for individual transactions — preparing documents, selling property, lodging tax returns, and communicating with beneficiaries.

For a typical Western Australian estate — a house, a car, some superannuation, and a bank account — families routinely find that the Public Trustee's total fees consume $20,000 to $40,000 or more of the inheritance before distribution.

Why Complaints About the Public Trustee WA Are Common

The WA Auditor General has previously examined the Public Trustee's operations and found that the organisation does not receive the same level of independent board oversight as comparable fee-for-service entities. Consumer forums and community legal services consistently receive complaints about:

• Slow administration times. Families report that simple estates are held open for 12 to 24 months when a private executor could close them in six.
• Opaque communication. Beneficiaries frequently report difficulty getting updates on estate progress or itemised breakdowns of the fees being charged.
• Limited accountability. Unlike a private executor or a law firm, the Public Trustee's complaints process is internal, and escalation options are limited.
• Conflict of interest concerns. The Public Trustee profits from the estate it administers, which creates structural tension around timing decisions — such as when to sell property.

If you have a complaint about the Public Trustee of Western Australia, you can raise it through the State Ombudsman's office, which has jurisdiction over statutory authorities.

Can You Remove the Public Trustee as Executor?

This is the most common question families ask. The short answer is: it is difficult but sometimes possible.

If the Public Trustee is named as executor in the Will, they have the legal right to accept the grant and administer the estate. Beneficiaries cannot unilaterally remove them. However, there are a limited number of pathways to explore:

Renunciation before grant: If the Public Trustee has not yet applied for probate, they can technically renounce the role. However, as the entity that drafted the Will and charges fees for administration, they rarely do so voluntarily without significant legal pressure.

Administration by passing over: In limited circumstances, an interested party can apply to the Supreme Court to have the named executor passed over and a different administrator appointed. This requires demonstrating cause — for example, that the Public Trustee is acting in a way that is detrimental to the estate.

Negotiation: In practice, some families have successfully negotiated with the Public Trustee to cap fees or to have the estate transferred to a professional trustee company for less. These are commercial negotiations and outcomes vary considerably.

If you are in this situation, seeking advice from a WA probate solicitor before the Public Trustee applies for the grant of probate is your most important first step. Once probate is granted to the Public Trustee, your options narrow significantly.

The Small Estates Mechanism

For very small estates, the Public Trustee has a specific administrative tool available under Section 14 of the Public Trustee Act 1941 (WA). Rather than applying to the Supreme Court for a full grant of probate, the Public Trustee can file an "Election to Administer" where the gross value of Western Australian property does not exceed $50,000 (the prescribed amount under Section 10 of the Trustee Companies Act 1987 (WA)).

This mechanism is faster and cheaper for the estate — but it does not eliminate fees entirely. The Public Trustee's administration charges still apply, they are simply applied to a smaller pool of assets.

For estates below this threshold where family members can manage the administration themselves, contacting the individual financial institutions directly is often a better path. Most banks will release small balances to the next of kin without requiring any formal court authority, upon presentation of a death certificate and proof of relationship.

If the Public Trustee Is Not Involved: Your Alternative

If the deceased's Will appoints a family member or a friend as executor, or if you are administering an intestate estate and the Public Trustee has not been appointed by the court, you can manage the estate settlement yourself. Western Australia does not require a lawyer to apply for probate or letters of administration — it is a process designed to be accessible to self-represented individuals.

The Supreme Court's eCourts Portal provides an interactive questionnaire that generates the required documents for a probate application: the Motion, the Affidavit of Executor, and the Statement of Assets and Liabilities. The flat filing fee is $408 — the same regardless of estate value. The court typically processes straightforward applications within three to six weeks of physical lodgement.

The key to a successful DIY application is preparation: having accurate date-of-death valuations for all assets, understanding the physical lodgement requirements, and anticipating the types of issues that trigger a Requisition from the Probate Office.

If you are managing estate settlement for a Western Australian estate without the Public Trustee's involvement, the Western Australia Estate Settlement Guide covers the full process — from the first 48 hours through to final distribution — with checklists and templates built specifically for WA's requirements.

The Free Will Trap: What to Tell Your Own Family

If you are reading this because you are managing a parent's estate, there is one practical action worth taking for your own affairs: review who is named as executor in your will. If you accepted a free will-drafting service from the Public Trustee or any other body that named themselves as executor in exchange, consider whether you want to change that appointment.

A solicitor-drafted will that appoints a trusted family member or friend as executor costs a few hundred dollars. It gives that person the authority to administer the estate without the Public Trustee's fee structure. For most Western Australian families, this is a straightforward decision once the alternative fee schedule is understood.

For help navigating an estate where the Public Trustee is involved — or where you are the named executor working through the process independently — the Western Australia Estate Settlement Guide provides the practical frameworks, form guides, and timelines you need.

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