110AAdministration of small estate without representation or

110A Administration of small estate without representation or election (1) A professional personal representative need not apply for representation of the estate of a deceased person but may instead administer the estate under this section if: (a) the professional personal representative estimates that the net value of the property in the Territory does not exceed the prescribed amount; and (b) no application has been made for a grant of representation of (2) A professional personal representative is entitled to administer an estate under this section only after the representative has given public notice of the representative's intention to do so. (3) The notice given under subsection (2) is to be by advertisement in a newspaper published in the Territory and is to contain the prescribed information. (4) A professional personal representative who administers an estate under this section is: (a) if the deceased person died testate – taken to be the executor of the will or the holder of letters of administration with the will annexed; or

Administration and Probate Act 1969 52 (b) if the deceased person died intestate – taken to be the holder of letters of administration of the estate of that person, as if a grant of representation had been made to the professional personal representative. (5) If after giving notice under subsection (2) the professional personal representative discovers that the net value of the property in the Territory exceeds the amount referred to in subsection (1)(a) but the net value of the property in the Territory does not exceed the amount referred to in section 110B(1)(a), the representative: (a) must file in the Court a memorandum stating the value of the (b) may continue to administer the estate under this section. (6) If after giving notice under subsection (2) the professional personal representative discovers that the net value of the property in the Territory exceeds the amount referred to in section 110B(1)(a), the representative must: (b) apply for a grant of representation. (7) If a professional personal representative who is administering or has administered an estate in pursuance of this section is in possession or comes into possession of a will of the deceased person, the representative must deposit it with the Registrar, unless exempted under the Rules. (8) If no amount is prescribed by regulation for the purposes of subsection (1)(a), the prescribed amount is 30 000 monetary units.