South Australian Current Acts

SUCCESSION ACT 2023 - SECT 73

73—Deemed grant of probate or administration to Public Trustee for small estate

        (1)         For the purposes of this section, the "maximum monetary value of property comprising a deceased person's estate is—

            (a)         $100 000; or

            (b)         such other amount—

                  (i)         as may be fixed by the Minister by notice in the Gazette from time to time; or

                  (ii)         as may be calculated in accordance with a formula or methodology determined by the Minister by notice in the Gazette from time to time.

        (2)         If—

            (a)         a person dies leaving personal property not exceeding the maximum monetary value; and

            (b)         the deceased person's estate consists only of personal property; and

            (c)         no application for a grant of probate or administration has been made in respect of the deceased person's estate; and

            (d)         the Public Trustee could apply for an administration order under section 9 of the Public Trustee Act 1995 in respect of the deceased person's estate,

the Public Trustee may, by notice in the Gazette, give notice of the Public Trustee's intention to administer the estate under this section in accordance with the rules.

        (3)         The Public Trustee must, as soon as practicable after giving notice under subsection (2)—

            (a)         cause a copy of the notice to be published on a website approved by the Minister; and

            (b)         file the deceased person's will (if any exists) with the Registrar.

        (4)         On the expiry of 14 days after the publication of the notice under subsection (2), the Public Trustee will be taken to have been granted—

            (a)         if the deceased person died leaving a will—probate of the will of the deceased person; or

            (b)         in any other case—administration of the estate of the deceased person.

        (5)         The Court may, on application by the Public Trustee or a person interested in the estate of the deceased person, make an order revoking the Public Trustee's administration of the estate under this section.

        (6)         If, in the course of administering an estate under a deemed grant of probate or administration under this section, the value of the estate is found to exceed 120% of the maximum monetary value, the Public Trustee must as soon as practicable, apply for a grant of probate or administration in respect of the estate.

        (7)         This section does not affect the right of any person to recover the whole or part of any payment made or property delivered under this section from any person who received it from the Public Trustee.