15AElection to administer where no previous executor or administrator

#### 15A Election to administer where no previous executor or administrator 15A Election to administer where no previous executor or administrator > > (1) A trustee company may file an election to administer the estate of a deceased person who died testate or intestate in the registry of the Court, instead of applying for probate or administration, if: > > > > > (a) the gross value of the estate in New South Wales, as estimated by the trustee company, is less than the amount prescribed by the regulations for the purposes of this section, and > > > > > (b) no person has obtained probate of the estate or taken out administration, and > > > > > (c) the trustee company is entitled to obtain probate or administration. > > > (2) An election must be sealed by the trustee company and must set out: > > > > > (a) the name, residence and occupation (as far as it is known to the trustee company) of the deceased person, and > > > > > (b) particulars of property forming the deceased person’s estate, and > > > > > (c) the date of the deceased person’s death as then known to the trustee company, and > > > > > (d) if the deceased person died testate, state that, after due inquiries, the trustee company believes that the document annexed to the election is the testator’s last will and that the will has been validly executed according to the law governing the execution of wills. > > > (3) On an election being filed, the trustee company is taken to have been appointed by the Court as the executor of the estate or the administrator of the estate. > > **s 15A:** Ins 1979 No 186, Sch 1 (3). Subst 2009 No 49, Sch 2.60.