110BElection to administer small estate

110B Election to administer small estate (1) A professional personal representative need not apply for representation of the estate of a deceased person but may instead file in the Court an election to administer the estate if: (a) the professional personal representative estimates that the net value of the property in the Territory at the time of filing the election does not exceed the prescribed amount; and (b) no other person in the Territory has been granted representation of the estate.

Administration and Probate Act 1969 53 (2) An election is to be in writing, setting out the following matters: (a) the name, address, occupation and date of death of the deceased person; (b) details of the property of the deceased person; (c) whether the deceased person died testate or intestate; (d) if the deceased person died testate – a statement that after making proper inquiries the professional personal representative believes that the document annexed to the election is the testator's last will or an exemplification of the last will and that the will has been executed in accordance with the law governing the execution of that will. (3) On the filing of an election, the professional personal representative 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 (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. (4) A professional personal representative who files an election must comply with any advertising requirements that are prescribed or that are specified in the Supreme Court Rules 1987. (5) If after filing an election the professional personal representative discovers that the net value of the property in the Territory exceeds the amount referred to in subsection (1)(a), he or she must: (b) apply for a grant of representation. (6) If no amount is prescribed by regulation for the purposes of subsection (1)(a), the prescribed amount is 130 000 monetary units.

Administration and Probate Act 1969 54