26Election to administer where no previous executor or administrator

26 Election to administer where no previous executor or administrator

26 Election to administer where no previous executor or administrator

(cf PT Act, s 18A (1)–(3))

(1) The NSW Trustee may file an election to administer the estate of a deceased person who died testate or intestate in the registry of the Supreme Court, instead of applying for probate or administration, if—

(a) the gross value of the estate in New South Wales, as estimated by the NSW Trustee, is less than the amount prescribed by the regulations for the purposes of this section, and

(b) no person has obtained probate of the estate or taken out administration, and

(c) the NSW Trustee is entitled to obtain probate or letters of administration of the estate, and

(d) the NSW Trustee has made due inquiries as to the will, if the deceased person died testate.

(2) An election must be sealed by the NSW Trustee and must set out—

(a) the name, residence and occupation (as far as it is known to the NSW Trustee) of the deceased person, and

(b) particulars of property forming the deceased person’s estate, and

(c) the date of the deceased person’s death as then known to the NSW Trustee, and

(d) if the deceased person died testate, state that, after due inquiries, the NSW Trustee believes that the document annexed to the election is the testator’s last will and that the will has been validly executed according to the law governing the execution of wills.

(3) On an election being filed, the NSW Trustee is taken to have been appointed by the Supreme Court as the executor of the estate or the administrator of the estate.