37Probate or administration if executor etc. absent or neglects to obtain probate etc.

##### 37. Probate or administration if executor etc. absent or neglects to obtain probate etc. Where an executor neglects to obtain or to renounce probate within 2 months from the death of the testator or from the time of such executor attaining the age of 18 years, or where an executor is unknown or cannot be found, the Court may, upon the application of any person interested in the estate, or of any creditor of the testator, grant administration with the will annexed to the applicant, and such administration may be limited as the Court thinks fit. [Section 37 amended: No. 46 of 1972 s. 6(2).]