39Public Trustee may apply for probate after 3 months

39 Public Trustee may apply for probate after 3 months (1) Where a person dies testate leaving real or personal property in the Territory and an application for probate of the will or letters of administration with the will annexed is not made in the Territory within 3 months after the date of the death of the person, the Public Trustee may apply for a grant of administration and the Court may make the grant unless the person entitled to probate or letters of administration with the will annexed applies and shows to the satisfaction of the Court that the delay in making the application for probate or letters of administration with the will annexed is reasonable in all the circumstances. (2) Where the person entitled to the grant of probate or letters of administration with the will annexed applies in accordance with subsection (1), no costs shall be awarded against the Public Trustee and, unless the Court otherwise orders, the Public Trustee shall be entitled to his or her costs out of the estate of the deceased Part VI Acquisition of the right to administer estates Public Trustee Act 1979 22 person. (3) Where the Public Trustee has been given a grant of administration under subsection (1), a person entitled to probate or letters of administration with the will annexed who has not renounced or refused probate or letters of administration may apply himself or herself, or by his or her attorney, to the Court and the Court may, if it thinks fit, grant probate or letters of administration with the will annexed to that person or his or her attorney as the case may be in such manner and subject to such limitations or conditions as the Court thinks proper. (4) An application shall not be made under subsection (3) until after the expiration of 14 days from the date of service upon the Public Trustee of a notice in writing of the intention of the intended applicant, or his or her attorney, to apply for probate or letters of administration with the will annexed in that estate. (5) Immediately on the grant of probate or letters of administration with the will annexed pursuant to the provisions of subsection (3): (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.