10AElection to administer small estates without grant of probate, &c.

10A Election to administer small estates without grant of probate, &c.

[Section 10A Substituted by No. 64 of 1985, s. 9 ]

(1)  Where –

(a) a person dies, or has died, domiciled or leaving property in Tasmania;

(b) a trustee company is entitled, or authorized by another person entitled, to obtain probate of the will of the deceased person or letters of administration of the estate of that deceased person; and

(c) [Section 10A Subsection (1) amended by No. 9 of 2006, s. 17, Applied:01 Oct 2006] [Section 10A Subsection (1) amended by No. 29 of 2018, s. 48, Applied:10 Dec 2018] it appears to that trustee company that the gross amount of that estate to be administered in Tasmania does not exceed the prescribed amount–

that trustee company may, instead of applying for probate or letters of administration, file in the office of the Registrar of the Court an election under its common seal to administer that estate specifying –

(d) the name, residence, occupation, and marital status so far as may be known to the trustee company, of the deceased person at the date of his death;

(e) the names and the age, if surviving, or the date of death, if deceased, of any issue of the deceased person;

(f) the property forming the estate of the deceased person so far as it is then known to the trustee company; and

(g) the date of death of the deceased person.

(2)  Where a trustee company believes that a deceased person referred to in subsection (1) has died testate, an election under that subsection shall state –

(a) that, after due inquiries, the trustee company believes that the document annexed to the election is the testator's last will or an exemplification of that will, if probate of that will or other appropriate testamentary grant has been made outside Tasmania; and

(b) that that will has been validly executed according to law –

and shall specify with respect to each beneficiary of the will of the deceased person –