44Real and personal estate to vest in executor or administrator

#### 44 Real and personal estate to vest in executor or administrator 44 Real and personal estate to vest in executor or administrator > > (1) Upon the grant of probate of the will or administration of the estate of any person dying after the passing of this Act, all real and personal estate which any such person dies seised or possessed of or entitled to in New South Wales, shall as from the death of such person pass to and become vested in the executor to whom probate has been granted or administrator for all the person’s estate and interest therein in the manner following, that is to say— > > > > > (a) On testacy in the executor or administrator with the will annexed. > > > > > (b) On intestacy in the administrator. > > > > > (c) On partial intestacy in the executor or administrator with the will annexed. > > > (2) Upon the grant, to the NSW Trustee or a trustee company, of probate of the will or administration of the estate of a person dying after the commencement of the [Wills, Probate and Administration (Trustee Companies) Amendment Act 1985](/view/pdf/asmade/act-1985-90), the NSW Trustee or the trustee company, as the case may be, shall be— > > > > > (a) the executor, by representation, of any will of which the person had been granted probate, and > > > > > (b) the administrator, by representation, of any estate of which the person had been granted administration. > > **s 44:** Am 1985 No 90, Sch 1 (1); 1994 No 32, Sch 3; 2013 No 1, Sch 1.17 \[2\].