20Administration of small estates without grant of probate or administration

20 Administration of small estates without grant of probate or administration

(1)  [Section 20 Subsection (1) amended by No. 9 of 2006, s. 5, Applied:01 Oct 2006] *[Section 20 Subsection (1) amended by No. 3 of 1952, s. 2 ][Section 20 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 20 Subsection (1) amended by No. 51 of 1967, s. 2 ][Section 20 Subsection (1) amended by No. 14 of 1977, s. 3 ][Section 20 Subsection (1) amended by No. 76 of 1985, s. 3 ]*Where any person domiciled in this State or who has property in this State has died, or dies, leaving property the gross value of which, as estimated by the Public Trustee, does not at the time of the election hereinafter mentioned exceed the prescribed amount, and no person has obtained probate or letters of administration, as the case may be, the Public Trustee may, in all cases in which he is entitled to apply for administration, in lieu thereof file in the office of the Registrar an election in writing to administer such estate, and setting forth–

(a) the name, residence, and occupation, so far as then known to the Public Trustee, of such person at the date of his death;

(b) the property forming the estate of such person so far as the same is then known to the Public Trustee;

(c) the date of death of such person; and

(d) if such person is believed by him to have died testate, that, after due inquiries, he believes that the document annexed to such election is the testator's last will, or an exemplification thereof, if probate of such will or other appropriate grant in respect thereof has been made out of the State, and that such will has been validly executed according to law.

(2)  On such election being filed the Public Trustee shall be deemed to be administrator or executor, as the case may be, of the property of the deceased person in all respects as if letters of administration or probate had been granted to him by the Court.

(3)  The Public Trustee shall publish in the Gazette a notice that he has made such election, and such notice shall be conclusive evidence that he is entitled to administer such estate.

(4)  *[Section 20 Subsection (4) amended by No. 3 of 1952, s. 2 ][Section 20 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 20 Subsection (4) amended by No. 51 of 1967, s. 2 ][Section 20 Subsection (4) amended by No. 76 of 1985, s. 3 ]**[Section 20 Subsection (4) amended by No. 20 of 1995, s. 3 and Sched. 1 ]*If the Public Trustee –