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Administration and Probate Act 1969
110AAdministration of small estate without representation or
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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.