Administration and Probate Act 1929

The public trustee and guardian may file in the Supreme Court an election, signed by the public trustee and guardian, to administer the estate of a deceased person if—

the person left property in the ACT; and

the gross value of that property does not, in the opinion of the public trustee and guardian, exceed $150 000; and

probate of the will, or administration of the estate, of the person has not been granted by the Supreme Court to any person; and

the public trustee and guardian is entitled under section 88 to apply for an order to collect and administer the estate of the person.

An election under subsection (1) in relation to the estate of a deceased person must contain—

particulars of the name of the deceased person; and

the particulars of the place of residence, and the occupation, of the deceased person at the time of death that are known to the public trustee and guardian; and

the particulars of the date of death, and the property forming part of the estate, of the deceased person that are known to the public trustee and guardian.

If, in the opinion of the public trustee and guardian, a deceased person died testate, an election must have the will of the person annexed to it and must state that the will was, in the opinion of the public trustee and guardian, duly executed by the person.

If the public trustee and guardian has filed an election, the estate of the person vests in the public trustee and guardian, and the public trustee and guardian has the functions that he or she would have had if the Supreme Court had, under section 88, granted to the public trustee and guardian an order to collect and administer the estate of the person.

Function includes authority, duty and power (see Legislation Act, dict, pt 1).

The public trustee and guardian must give public notice of each election filed under this section, and public notice in relation to an estate is conclusive evidence that the public trustee and guardian is entitled to administer the estate of the deceased person.

Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

If, after the public trustee and guardian has filed an election—

if the will of the deceased person was annexed to the election—a later will; or

in any other case—a will;

If the public trustee and guardian files a notice under subsection (6), the election is taken to have been revoked and the public trustee and guardian ceases to have the functions given by this section in relation to the estate.

If, after the public trustee and guardian has filed an election in relation to the estate of a deceased person, the gross value of the estate is found to exceed $150 000, the public trustee and guardian must file in the Supreme Court a notice, signed by the public trustee and guardian, certifying that the value of the estate exceeds that amount.

If the public trustee and guardian files a notice under subsection (8), the election is taken to have been revoked and the public trustee and guardian ceases to have the functions given by this section in relation to the estate.

The filing of a notice under subsection (6) or (8) in relation to the estate of a deceased person does not prevent the public trustee and guardian from applying, under section 88, for an order to collect and administer that estate.

If the public trustee and guardian has filed a notice under subsection (6) or (8) in relation to the estate of a deceased person, the provisions of section 32B apply as if the filing of an election under this section was the grant of probate of the will, or administration of the estate, of the deceased person and the filing of the notice was the revocation of that grant.