Estate Settlement Guide vs Public Trustee SA: What Your Commission Bill Actually Looks Like
For most South Australian families discovering the Public Trustee's commission structure after a death, a structured DIY approach using a current estate settlement guide will cost significantly less and give the family direct control over the process. The Public Trustee charges 4.4% commission on the first $200,000 of gross estate value — calculated before debts are deducted — plus additional income commissions, annual audit fees, and tax fees that compound throughout administration. For a straightforward estate valued at $500,000, the commission bill typically exceeds $13,000 before third-party conveyancing and valuation costs. A guide costs a fraction of that and equips a capable family member to handle the administrative work independently. That said, the Public Trustee provides real institutional value in specific situations — an incapacitated or geographically isolated executor, a genuinely complex estate, or a family where no one is willing or able to take on the administration role.
The Commission Structure Nobody Explains at Will Signing
The Public Trustee of South Australia offers a free will-drafting service. That service is contingent on the Public Trustee being appointed as executor. The cost of that appointment only becomes apparent after the death — typically as an estate inventory is being prepared and someone finally reads the fee schedule.
The commission structure, all figures GST inclusive:
- 4.4% on the first $200,000 of gross estate value
- 3.3% on the next $200,000 (from $200,000 to $400,000)
- 2.2% on the next $200,000 (from $400,000 to $600,000)
- 1.1% on the remainder above $600,000
Critically, "gross estate value" means the total value of assets before any debts are deducted. A $500,000 estate with a $200,000 mortgage still attracts commission on $500,000, not on the net $300,000.
On top of the capital commission:
- 5.5% commission on all income received by the estate (interest, dividends, rental income — rent may be charged at varying rates)
- $204 annual active administration and audit fee
- $277 per hour for tax advice and tax return preparation
- All third-party costs (conveyancing, valuations, real estate agent fees) passed through at cost
One concession: The commission rate on the transfer of the matrimonial home to a surviving spouse is halved — but only on that specific asset.
What DIY With a Guide Actually Costs on the Same Estate
| Estate Value | Public Trustee Commission (capital only) | CourtSA Court Filing Fee | Estimated Guide Cost |
|---|---|---|---|
| $200,000 | $8,800 | $957 | Small fraction of $957 |
| $400,000 | $15,400 | $1,914 | Small fraction of $1,914 |
| $600,000 | $19,800 | $2,549 | Small fraction of $2,549 |
| $1,000,000 | $26,200 | $3,826 | Small fraction of $3,826 |
Public Trustee figures are capital commission only and do not include income commission, audit fees, tax fees, or third-party costs. The guide cost is excluded from the table for context — it is a small one-time purchase, not a percentage of the estate.
Side-by-Side Comparison
| Dimension | Estate Settlement Guide (DIY) | Public Trustee SA |
|---|---|---|
| Cost basis | One-time guide purchase + court fees | Percentage of gross estate value + ongoing fees |
| Commission on $500k estate | None | ~$13,200+ (capital commission alone) |
| Succession Act 2023 compliance | Guide built on 2025+ framework | Public Trustee operates under same legislation |
| CourtSA filing | Executor lodges via portal | Public Trustee handles; for small estates, may bypass court entirely |
| Small estate pathway | Guide explains s.100 threshold and small estate options | Public Trustee can administer estates ≤$100k (no real property) via Gazette notice |
| Family control | Executor directs timeline and decisions | Public Trustee operates independently; family is kept informed, not in control |
| Timeline | Executor controls pace | Public Trustee sets their own administration schedule |
| Complex estates | Guide flags escalation points; professional referral needed | Institutional capacity for complexity |
| Geographic isolation | Guide covers remote lodgement procedures | Public Trustee handles physical requirements |
| Renunciation | Guide explains how to request Public Trustee renounce their appointment | Public Trustee can renounce; replacement executor required |
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Can You Replace the Public Trustee After the Death?
Yes — in most cases. If the will appoints the Public Trustee as executor, they can be asked to renounce their appointment, provided they have not yet begun active administration. Renunciation returns executorship to an alternative executor named in the will, or requires a family member to apply to the Supreme Court for Letters of Administration. This process is most effective early — before the Public Trustee has opened files, conducted valuations, or commenced estate administration activities.
A guide that includes the renunciation process and the timeline for acting quickly can save a family tens of thousands of dollars in commission.
Who This Is For
- Families who have just discovered the Public Trustee commission structure and want to understand their alternatives before the Public Trustee begins active administration
- Executors named in a will alongside or instead of the Public Trustee who want to understand their authority before deferring to an institutional trustee
- Adult children of parents who used the Public Trustee's free will service and need to calculate the actual cost of that appointment before accepting it as inevitable
- Straightforward estates — a clear will, a family home held as sole owner or joint tenants, bank accounts, perhaps a vehicle and superannuation — where the administrative work is genuinely manageable without institutional assistance
- Families where a capable adult is available and willing to serve as executor, providing family control over timing, communication with beneficiaries, and distribution decisions
Who This Is NOT For
- Executors who cannot or will not take on the administrative work — the Public Trustee's institutional infrastructure is a legitimate solution when no capable family member is available, willing, or in a suitable emotional state
- Estates where the named executor lacks legal capacity — the Public Trustee provides essential continuity when the executor is incapacitated or has died
- Genuinely complex estates — multiple jurisdictions, contested wills, insolvent estates, complex trust structures — where the Public Trustee's experience managing institutional risk is worth the commission cost
- Regional families with very limited access to Services SA, CourtSA, or Adelaide who benefit from the Public Trustee's ability to handle all lodgements without requiring the family to travel
- Small estates valued at $100,000 or less with no real property — in these cases, the Public Trustee can administer via a Gazette notice under the Succession Act 2023, entirely bypassing the Supreme Court application process. This pathway is genuinely faster and simpler than DIY probate for qualifying estates
The Tradeoffs
Guide advantages: Eliminates commission costs entirely — the single largest financial difference. Keeps the family in control of the timeline and distribution decisions. Provides transparency into every administrative step. Works for the majority of straightforward South Australian estates.
Public Trustee advantages: Institutional capacity for complexity, professional indemnity, ability to handle physical lodgements for geographically isolated families, and the unique small estate Gazette pathway for qualifying estates. The Public Trustee also carries executor liability independently — unlike a family member serving as executor, the Public Trustee has institutional systems for managing the Section 98 liability under the Succession Act 2023.
The renunciation window is narrow. If you are considering whether to accept the Public Trustee's appointment or replace them, the time to act is immediately after the death, not weeks later when administration has commenced. Commission calculations and renunciation decisions are most effectively made in the first week.
Frequently Asked Questions
How much does the Public Trustee charge for a $400,000 estate in South Australia?
On a $400,000 estate, the capital commission is approximately $15,400 (4.4% on the first $200,000 = $8,800, plus 3.3% on the next $200,000 = $6,600). This is the capital commission only, calculated on gross value before debts. Add the 5.5% income commission on any estate income earned during administration, $204 annual audit fees for each year the estate remains open, and $277-per-hour tax fees for any tax returns required. For a $400,000 estate with a mortgage and some rental income during administration, total fees frequently approach or exceed $18,000.
Can the Public Trustee be replaced as executor after a death in South Australia?
Yes, if renunciation is requested before the Public Trustee has commenced active administration. The family should identify an alternative executor — either someone named in the will as a substitute, or a willing adult family member who would apply for Letters of Administration — and contact the Public Trustee promptly to request renunciation. Once the Public Trustee has opened the estate file, begun valuations, or taken custody of assets, renunciation becomes significantly more complicated and may require court approval. Acting quickly is essential.
What is the small estate pathway available through the Public Trustee?
Under the Succession Act 2023, for estates valued at $100,000 or less that do not include real property, the Public Trustee holds unique administrative powers to administer the estate simply by publishing a notice in the South Australian Government Gazette and on their website — entirely bypassing the Supreme Court probate application. This is a genuinely efficient pathway for qualifying small estates and represents one of the legitimate advantages of the Public Trustee appointment. If the estate falls within this threshold, the Gazette pathway is worth evaluating before committing to DIY probate.
Is the Public Trustee's commission on gross or net estate value?
Gross value, before debts. This is the most frequently misunderstood aspect of the Public Trustee's fee structure. A family home with a mortgage of $200,000 on a property worth $600,000 still attracts commission on the full $600,000 value, not on the $400,000 net equity. For indebted estates, this significantly increases the effective commission rate relative to what the family actually receives.
Does a surviving spouse avoid Public Trustee fees on the family home?
A partial concession applies: the commission rate on the transfer of the matrimonial home to a surviving spouse is halved — meaning the 4.4% rate becomes 2.2% on that specific asset. This does not eliminate the fee; it reduces it for this single component of the estate. All other assets — bank accounts, investments, vehicles, personal property — attract the full commission rates.
The When Someone Dies in South Australia — Estate Settlement Guide includes a Public Trustee fee calculator worksheet and explains the renunciation process — so you can calculate the actual cost of the Public Trustee appointment and make an informed decision before it is too late to change course.
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