110CElection in respect of part administered estate

110C Election in respect of part administered estate (1) A professional personal representative need not apply for letters of administration de bonis non but may instead file in the Court an election to administer the unadministered part of the estate of a deceased person if: (a) representation of the estate has been granted in the Territory and the person last granted representation has, because of his or her death or other incapacity, left part of the estate unadministered; (b) the professional personal representative estimates that the net value of the property in the Territory left unadministered at the time of filing the election does not exceed the prescribed amount; and (c) no other person in the Territory has been granted letters of administration de bonis non since the death or incapacity of the last administrator. (2) An election is to be in writing, setting out details of the following matters: (a) the last grant of representation; (b) the death or other incapacity of the last administrator; (c) the property in the Territory left unadministered. (3) On the filing of an election, the professional personal representative is taken to be the administrator of the part of the estate left unadministered as if he or she had been granted letters of administration de bonis non. (4) If after filing an election the professional personal representative discovers that the value of the property to be administered exceeds the amount referred to in subsection (1)(b), he or she must: (b) apply for a grant of administration de bonis non. (5) A statement in an election giving details of the death or other incapacity of the last administrator is, in the absence of evidence to the contrary, to be accepted by all courts, employees and persons, whether acting under an Act or not, as sufficient evidence of that fact without further proof. Administration and Probate Act 1969 55 (6) If no amount is prescribed by regulation for the purposes of subsection (1)(b), the prescribed amount is 130 000 monetary units.