104Rejection of small claim

104 Rejection of small claim (1) If in the administration of an estate by a professional personal representative: (a) a person claims against the estate a sum of money not exceeding, or personal property with a value (as estimated by the professional personal representative) not exceeding, the prescribed amount or the professional personal representative has reason to believe a person may make such a claim; and (b) the professional personal representative refuses to admit or intends to reject the claim, the professional personal representative may serve on the person a notice requiring the person to commence legal proceedings within 3 months after the date of service to establish or enforce the claim and to prosecute the proceedings with all due diligence. (2) If the person on whom a notice is served under this section fails to commence proceedings within 3 months after the date of service: (a) the claim is barred and the person is not entitled to enforce the claim by proceedings in any court or tribunal; and (b) the professional personal representative may administer and distribute the estate disregarding the claim. Administration and Probate Act 1969 48 (3) If no amount is prescribed by regulation for the purposes of subsection (1)(a), the prescribed amount is 1 500 monetary units. (4) For proceedings under this section, NTCAT must be constituted by one or more of the following: (a) the President of NTCAT; (b) a Deputy President of NTCAT; (c) an ordinary member appointed with reference to section 16(2)(a) of the Northern Territory Civil and Administrative Tribunal Act 2014.