31No probate or administration required

31 No probate or administration required

31 No probate or administration required

(cf PT Act, s 34A)

(1) This section applies to the estate of a deceased person who died testate or intestate if—

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

(b) the NSW Trustee has no knowledge of any application having been lodged for probate of the will or for the administration of the estate, and

(c) the NSW Trustee has given notice in accordance with the regulations of its intention to act under this section.

(2) The NSW Trustee may deal with the estate as if probate of the will of the deceased person or administration of the estate had been granted to the NSW Trustee.

(3) The NSW Trustee is entitled to the same commission as it would be entitled to if the NSW Trustee had been granted probate or administration of the estate. The commission is a first charge on the estate.

(4) The NSW Trustee must deposit any will of a deceased person with an estate to which this section applies in accordance with section 51 of the Succession Act 2006.