27Election to administer where previous executor or administrator

27 Election to administer where previous executor or administrator

27 Election to administer where previous executor or administrator

(cf PT Act, s 18A (3A))

(1) The NSW Trustee may file an election to administer the unadministered estate of a deceased person who died testate or intestate in the registry of the Supreme Court, instead of taking out administration de bonis non, if—

(a) the executor or administrator of the estate has died and no other person has taken out administration de bonis non in respect of the estate, and

(b) part of the estate is unadministered, and

(c) the gross value of the unadministered part of the estate in New South Wales is less than the amount prescribed by the regulations for the purposes of this section, and

(d) the NSW Trustee is entitled to take out administration de bonis non.

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

(a) the fact of the original grant, and

(b) the fact of the death of the executor or administrator, and

(c) particulars of the property left unadministered.

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