South Australian Current Acts South Australian Current Acts60—Filing of declaration that estate insufficient to pay debts
(1) Any executor,
administrator, or creditor of a person dying on or after the first day of
February, 1892, may file with the Registrar a declaration that he believes the
estate of the deceased to be insufficient for the payment of its liabilities.
(2) On such a
declaration being filed by a creditor, he shall, if probate or administration
has been granted, serve a copy of the declaration with a memorandum of the
date of filing on the executor or administrator.
(3) If probate or
administration is granted after the filing of the declaration by a creditor,
the Registrar shall, on issuing the probate or administration, issue therewith
to the executor or administrator a copy of the declaration with a memorandum
of the date of filing.
(4) After the service
on or issue to the executor or administrator of the copy and memorandum where
the declaration has been filed by a creditor, or after the filing of the
declaration by an executor or administrator, the executor or administrator
shall administer the estate so far as concerns the payment of liabilities in
the same manner so far as practicable as it would have been administered for
the benefit of creditors under a decree of the Supreme Court.
(5) The Court may, on
the application, with or without notice, of the executor or administrator or
of a creditor, order that any action against the executor or administrator
shall not proceed beyond judgment without the permission of the Court.
(6) Any person
entitled to make a claim against the estate under section 61 shall be
deemed a creditor for the purposes of this section.