20AAdministration of small estates

20A Administration of small estates

[Section 20A Inserted by No. 8 of 1972, s. 2 ]

(1)  [Section 20A Subsection (1) amended by No. 9 of 2006, s. 6, Applied:01 Oct 2006] *[Section 20A Subsection (1) amended by No. 14 of 1977, s. 4 ]**[Section 20A Subsection (1) amended by No. 76 of 1985, s. 4 ]*Where any person who has property in this State has died, or dies, and the net value of his estate of which the Public Trustee has knowledge does not, in the estimation of the Public Trustee, exceed the prescribed amount, the Public Trustee may, subject to subsection (2) of this section–

(a) receive, call in, and convert into money, the property of the estate of that deceased person;

(b) pay the debts and other liabilities of that person, of which he has notice; and

(c) deal with the residue in all respects as if probate of the will or letters of administration of the estate of the deceased person had been granted to him.

(2)  Before proceeding in accordance with subsection (1) of this section in any case the Public Trustee shall –

(a) be satisfied on such evidence as he considers sufficient –

(i) that no application has been lodged in this State for probate of the will or letters of administration; and

(ii) that no election under section 10A of the Trustee Companies Act 1953 has been filed –

in respect of the estate of the deceased person; and

(b) give such notice as he considers sufficient, by advertisement or otherwise, of his intention to so deal with the estate of the deceased person.

(3)  The Public Trustee is entitled to fees, commissions, charges, and remuneration in any case in which he deals with an estate in accordance with this section to the extent to which he would have been so entitled if probate of the will or letters of administration of the estate of the deceased person had been granted to him, and payment thereof is a first charge on the estate.