Public Trustee or Private Probate Lawyer? What Perth Families Need to Know

When Someone Dies, Who Handles the Estate?

After a death, an estate needs to be administered: debts paid, assets collected, and property distributed to the people named in the Will. If there is no Will, the law determines who inherits. In both cases, someone needs to be formally appointed to carry out that work.

In Western Australia, families generally have two main paths. They can engage the Public Trustee of Western Australia, a government body that offers estate administration services. Or they can appoint a private probate lawyer to assist the executor named in the Will, or to apply for Letters of Administration where there is no Will.

Both options are legitimate. But they are not equivalent, and the right choice depends on your circumstances.

What Is the Public Trustee WA?

The Public Trustee of Western Australia is a government agency that provides a range of services related to Wills, estate administration, powers of attorney, and trusts. Many Western Australians are aware of it because it offers Will-drafting at low or no cost, and it can act as executor for an estate.

For families where no private executor is willing or able to take on the role, the Public Trustee can step in as executor of last resort. It is also commonly used where the estate is simple and cost is a primary concern.

What Does a Private Probate Lawyer Do?

A private probate lawyer, such as the team at TLS, assists executors and administrators through the legal process of estate administration. This includes:

• Advising the executor on their duties and legal obligations
• Preparing and lodging the probate application in the Supreme Court of WA
• Identifying and calling in estate assets
• Corresponding with banks, government agencies, and other institutions
• Dealing with any disputes between beneficiaries
• Assisting with complex or cross-jurisdictional estates

Unlike the Public Trustee, a private lawyer works for you, and you can choose who handles your matter, how quickly, and how much communication you receive throughout.

Key Differences: Public Trustee vs. Private Probate Lawyer

Cost

The Public Trustee charges fees according to complex schedules regarding specific tasks. For a $500,000 estate, fees can be substantial. A private lawyer may charge hourly rates or a fixed fee for a standard matter, and for smaller or simpler estates, this can be more cost-effective. For larger or more complex estates, the comparison is less clear-cut and depends heavily on the lawyer’s fees.

Speed

The Public Trustee handles a high volume of estates and is a government agency. Private lawyers, particularly specialist firms like TLS, typically offer faster turnaround and more direct communication with the person handling your matter.

Complexity

The Public Trustee is well-suited to straightforward estates. For complex matters, including disputed estates, foreign assets, blended family issues, or business interests, a specialist private estate lawyer is generally better placed to navigate the legal issues involved.

Personalised Service

With a private lawyer, the executor and beneficiaries deal directly with a named solicitor. There is a personal relationship and continuity throughout the matter. The Public Trustee, by contrast, operates as an institution.

Choice and Control

When you appoint a private lawyer, you retain control over the process and can change representation if needed. When the Public Trustee acts as executor, it has legal authority over the estate and can exercise its discretion in ways that may not align perfectly with what the family would have chosen.

When the Public Trustee Makes Sense

The Public Trustee is a reasonable choice when:

• There is no willing or capable private executor available
• The estate is small and straightforward
• The deceased did not leave a Will and the family agrees on how to proceed

When a Private Probate Lawyer Makes Sense

A private probate lawyer is generally the better option when:

• The executor needs legal advice and support to carry out their duties
• The estate involves property, business interests, superannuation, or assets in multiple jurisdictions
• There is a risk of dispute between beneficiaries or family members
• The family wants personalised service and faster communication

Getting Advice After a Death

Losing a family member is difficult enough without navigating complex legal processes alone. At TLS, we support executors and families through the estate administration process with clear advice, practical guidance, and genuine care for the people involved.

We can advise on whether probate is required, help you prepare and lodge the application, and assist with the full administration of the estate where needed. If there is no Will, we can assist with a Letters of Administration application.