Public Trustee Act 1930
18Power of Public Trustee to apply to administer testate estate if no application for probate or administration within three months after death
Start here
Get a plain-English read of 18
Turn the raw legal text into a practical explanation grounded in Public Trustee Act 1930.
18 Power of Public Trustee to apply to administer testate estate if no application for probate or administration within three months after death
(1) Where any person domiciled in this State, or who has property in this State, has died or dies testate, and application for probate or letters of administration has not been made within three months after the death of such person, the Public Trustee may apply to the Court for letters of administration of the estate of such person, and the Court shall make such grant unless the person entitled to probate or letters of administration applies therefor, or shows to the satisfaction of the Court that the delay in making such application has been, and if the same continues that it still is, unavoidable or accidental.
(2) On such application no costs shall be awarded against the Public Trustee.
(3) On the application of any person entitled to probate or letters of administration with the will annexed who was out of this State when the grant to the Public Trustee was made, and who has not renounced or refused probate or administration, the Court may grant probate or letters of administration to such person in such manner and subject to such limitations or conditions as the Court thinks proper.
(4) No such application shall be made until after fourteen days' notice in writing of the intention to apply for the same has been left at the office of the Public Trustee.
(5) Upon the grant of probate or letters of administration to such person, all the powers, rights, duties, and liabilities of the Public Trustee, in any way relating to the estate thereby affected, shall cease, except as herein mentioned, and so much of such estate as has not then been administered by the Public Trustee shall vest in such person, subject to the payment to the Public Trustee of all moneys properly chargeable by him for commission, costs, charges, and expenses in relation to such estate, including all costs of and incidental to his application for probate or letters of administration.