Public Trust vs Simply Probate — Compare Probate Services NZ | Simply Probate

Public Trust vs Simply Probate — Which Probate Service Suits Your Situation?

Comparing Public Trust and Simply Probate is not a straightforward price comparison — the two services do different things for different segments of the probate market. Understanding the scope difference is the key to choosing the right service for your situation.

This page explains what each service does, presents a side-by-side comparison, and offers a decision framework to help you work out which is appropriate. The aim is a genuine diagnostic, not a sales pitch.

Two Different Services for Two Different Needs

Public Trust and Simply Probate are not direct competitors. They serve different needs.

Public Trust is a Crown entity established under the Public Trust Act 2001. It provides full estate administration services — meaning it can take responsibility for the entire process from beginning to end, including applying for probate, managing estate assets, paying debts, and distributing the estate to beneficiaries. Public Trust can act as the executor itself, or assist an executor in managing the estate.

Simply Probate is a private legal service that prepares probate applications for executors. The executor retains control of the estate and carries out the administration themselves. Simply Probate handles the court paperwork — the application, the affidavit, the documents required by the High Court — under lawyer oversight. Fixed fee of $699 + GST.

One handles the entire estate on your behalf. The other handles the paperwork so you can do the rest yourself.

This distinction is the backbone of any honest comparison between the two services. Return to it whenever the comparison feels unclear: Public Trust does more (full administration). Simply Probate does less (application preparation only). Both are legitimate, and the right choice depends on what the executor actually needs.

What Does Public Trust Do?

Full Estate Administration

Public Trust offers end-to-end estate administration. Its services include:

• Acting as executor or administrator — if named in the will, or appointed by the court
• Applying for probate or letters of administration
• Managing estate assets during the administration period
• Paying debts and liabilities from the estate
• Preparing estate accounts
• Distributing assets to beneficiaries
• Handling correspondence with beneficiaries, banks, and government agencies
• Managing ongoing trusts established under the will

For an executor who does not want to manage the estate personally — whether due to the estate’s complexity, geographic distance, family dynamics, or personal preference — Public Trust offers a complete service that removes the executor’s ongoing administrative burden.

Public Trust’s Fee Structure

Public Trust charges a combination of fixed fees for defined stages of administration and hourly rates for additional work beyond standard scope. The fee structure is subject to the statutory cap under section 122 of the Public Trust Act 2001, which limits Public Trust’s standard charges to 5% of the gross value of the estate.

Note that Special fees — charged for work that falls outside standard administration — are exempt from the 5% cap under the Act. This means the total fees in a complex estate may exceed 5% if Special fees apply.

For current fee amounts, see Public Trust’s published fee schedule. This page does not reproduce Public Trust’s specific dollar figures — the published schedule is the authoritative source, and fees change from time to time.

What Does Simply Probate Do?

Probate Application Preparation

Simply Probate prepares the complete probate application pack for executors. This includes:

• Form PR1 and PR2 — the application and executor’s affidavit
• All supporting documents required under the High Court Rules 2016
• Review of every application by a qualified NZ lawyer before release
• Documents typically ready within 1–2 business days
• Filing guidance — the executor files the completed pack with the Wellington High Court Probate Registry
• Simply Probate will assist you with any requisitions the court raises after filing

What Simply Probate Does NOT Do

Understanding the scope limits is as important as understanding what is included:

• Simply Probate does not act as executor or administrator
• Simply Probate does not manage estate assets or bank accounts
• Simply Probate does not distribute assets to beneficiaries
• Simply Probate does not prepare estate accounts, tax returns, or final accounts
• Simply Probate does not handle contested estates

Simply Probate prepares the legal gateway — the probate grant. Everything after the grant is issued is the executor’s responsibility.

Simply Probate’s Fee Structure

• Fixed fee: $699 + GST for a standard probate application
• Court filing fee: $269 (paid directly to the High Court when filing — not to Simply Probate)
• No hourly rates. No percentage-based charges. No disbursements.
• Total known cost before you start: $803.85 inc GST (Simply Probate fee) + $269 (court filing fee)

Scope Comparison — Side by Side

Service Element	Public Trust	Simply Probate
Apply for probate / letters of administration	Yes	Yes (preparation only; executor files)
Act as executor	Yes (if appointed)	No — executor retains the role
Manage estate assets	Yes	No
Pay estate debts	Yes	No
Distribute to beneficiaries	Yes	No
Prepare estate accounts	Yes	No
Handle ongoing trusts	Yes	No
Fee structure	Fixed fees + hourly rates (5% cap under s 122 Public Trust Act 2001)	Fixed $699 + GST
Executor involvement required	Minimal — Public Trust manages the process	High — executor administers the estate
Suited for	Executors who want full administration handled	Executors who want the paperwork done but will manage the estate themselves

Which Service Suits Your Situation?

Public Trust May Be Right If:

• The will names Public Trust as executor
• You do not want to (or cannot) manage the estate yourself
• The estate is complex — multiple properties, business interests, significant debts, or overseas elements
• Beneficiaries are dispersed, difficult to locate, or potentially contentious
• You want one organisation to handle everything from probate through to final distribution
• The executor is elderly, seriously unwell, living overseas, or otherwise unable to attend to administration over an extended period
• The estate administration timeline is likely to be lengthy and you want professional management throughout

Simply Probate May Be Right If:

• You are named as executor and willing to manage the estate yourself after the grant is issued
• The estate is straightforward — a clear will, NZ-only assets, cooperative beneficiaries
• You want the court paperwork handled professionally but at a known, fixed cost
• You want to retain control over the administration timeline and decisions
• Cost certainty matters — you want a fixed price with no surprises
• The estate does not require ongoing trust management or complex post-grant administration
• You are comfortable liaising directly with banks, beneficiaries, and other institutions once you have the grant

Can You Use Both?

Some executors use Simply Probate for the probate application and then manage the estate themselves, engaging specific professionals (accountants, valuers, conveyancers) for particular post-grant tasks as needed. Others begin with Simply Probate’s application preparation and then seek further advice if complications arise during administration.

Public Trust is an alternative path, not the only alternative. An executor who wants professional help with the court paperwork but is willing to manage the estate personally does not need to choose full estate administration.

Understanding Public Trust’s Role Under the Public Trust Act 2001

Public Trust is a Crown entity — not a government department, but an entity established and governed by statute. The Public Trust Act 2001 is the legislation that creates and regulates it.

Key points about Public Trust’s statutory status:

• Established by and operating under the Public Trust Act 2001
• Has statutory powers to act as executor, administrator, and trustee — powers that derive from legislation, not just contract
• Can be named as executor in a will or appointed by the court when no executor is willing or able to act
• Subject to the fee provisions in section 122 of the Public Trust Act 2001, which caps standard charges at 5% of the gross estate value (with Special fees exempted from this cap)
• Operates as a self-funding Crown entity — its fees are its revenue source, and it is required to be financially sustainable
• Is not a charitable or free service — fees apply as set out in its published schedule

Understanding that Public Trust has a statutory role helps explain why it is the executor of choice for some estates, and why the fee structure differs from a private firm. It also explains why, if Public Trust is named as executor in a will, the situation is more complex than simply choosing a different provider.

If you are looking to understand the full probate process in New Zealand, or comparing the overall costs of probate across different providers, those guides provide additional context.

Frequently Asked Questions

Is Public Trust more expensive than Simply Probate?

Public Trust provides a significantly broader service — full estate administration from probate through to final distribution. Simply Probate provides a narrower service — probate application preparation only. Comparing the two on price alone is misleading because the scope is entirely different. For current Public Trust fees, visit their published fee schedule.

Can I switch from Public Trust to Simply Probate (or vice versa)?

If you are the named executor, you can choose your own service provider for the probate application. If Public Trust is named as executor in the will, they have a legal entitlement to act in that capacity. If you have already engaged Public Trust and want to change arrangements, contact them directly to discuss.

Does Simply Probate handle the whole estate like Public Trust does?

No. Simply Probate prepares the probate application only. Once the grant is issued, the executor administers the estate — collecting assets, paying debts, distributing to beneficiaries. For a full account of what this involves, see our executor duties guide.

What if the will names Public Trust as executor but I want to administer the estate myself?

If Public Trust is named as executor in the will, they have the right to apply for probate in that capacity. In limited circumstances, it is possible for an executor to be passed over by the court, or for arrangements to be negotiated. Legal advice specific to your situation is recommended. This is not a standard scenario, and outcomes depend on the specific facts.

Can Simply Probate handle letters of administration (no will)?

Yes. Simply Probate prepares applications for both probate (with a valid will) and letters of administration (where there is no will, or no valid will). The process for letters of administration is similar but based on a different legal framework.

Do I still need a lawyer if I use Public Trust?

Public Trust has its own legal team. If Public Trust is administering the estate, you generally do not need a separate lawyer unless a dispute arises that requires independent representation. If you are using Simply Probate, the application is prepared under lawyer oversight — no separate lawyer is needed for the application itself. For post-grant administration, you may choose to engage other professionals (accountants, conveyancers, valuers) for specific tasks.

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If you are considering handling the application yourself, see our DIY probate guide. If you want to understand fixed-fee probate options more broadly, see our fixed-fee probate guide.