Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 87B

    (1)     The public trustee and guardian may administer the estate of a deceased person if satisfied that—

        (a)     the net value of the estate is not more than $30 000; and

        (b)     application has not been made for a grant of probate of the will, or administration of the estate, of the deceased person.

    (2)     For subsection (1), the public trustee and guardian may do any of the following:

        (a)     call in the estate;

        (b)     sell and convert into money the part of the estate that does not consist of money;

        (c)     pay any of the deceased person's debts and liabilities;

        (d)     deal with the balance (if any) of the estate as if probate of the will or administration of the estate had been granted by the Supreme Court.

    (3)     If any money remains after the estate is administered in accordance with subsection (2), the public trustee and guardian must deal with the money as follows:

        (a)     if the public trustee and guardian is of the opinion that the person died testate—as if probate of the last will of the person had been granted to the public trustee and guardian by the Supreme Court;

        (b)     in any other case—as if administration of the estate had been granted to the public trustee and guardian by the Supreme Court.

    (4)     The public trustee and guardian must not administer an estate under this section unless notice of intention to do so has been given by advertisement or otherwise, in the way and form the public trustee and guardian considers appropriate.

    (5)     If the public trustee and guardian holds or acquires the will of a deceased person whose estate is being, or has been, administered under this section, the public trustee and guardian must file the will in the Supreme Court.