34Public Trustee may administer estate of intestate person

34 Public Trustee may administer estate of intestate person (1) Where a person dies intestate leaving real or personal property situated in the Territory, the Public Trustee may apply for and obtain grant of administration of that person's estate. (2) Where a person dies intestate and the Public Trustee is not entitled to apply for a grant of administration under subsection (1), the Public Trustee may, with leave of the Court, apply for and obtain a grant of administration of that person's estate. (3) The Public Trustee shall be entitled as of right to the grant of administration in an application made under subsection (1). (4) If at any time before or after the grant of administration to the Public Trustee under this section a person who is entitled to the grant of letters of administration of the estate of a deceased person applies for a grant of letters of administration, the Court may grant letters of administration to that person.

Part VI Acquisition of the right to administer estates Public Trustee Act 1979 20 (5) It shall not be necessary for the Public Trustee to give notice of an application under subsection (1) to any person who may be entitled to the grant of letters of administration of the estate of a deceased person and the Court shall not require the Public Trustee to give any such notice. (6) Immediately on the grant of letters of administration of the estate of a deceased person pursuant to the provisions of subsection (4): (a) all the functions, powers, authorities, discretions, rights and duties of the Public Trustee, other than the rights reserved by this subsection, in relation to the estate of the testator and all liability of the Public Trustee under any contract entered into by the Public Trustee affecting or relating to the estate shall pass to the person obtaining probate or letters of administration with the will annexed and no claim shall thereafter lie against the Public Trustee in respect of any such liability; and (b) subject to payment to the Public Trustee of all money due for commission, disbursements, costs, charges and expenses affecting the estate, including the costs of the Public Trustee of and incidental to the application for probate or letters of administration with the will annexed referred to in subsection (3), the remainder of the estate as is then unadministered by the Public Trustee shall vest in the person obtaining probate or letters of administration.