Supreme Court Rules 1987

(1) Where a creditor desires to commence a proceeding for a grant of administration and the deceased has left a will, the creditor shall:

(a) where an executor is appointed by the will and has not renounced probate, serve on the executor a citation to take probate; and

(b) if the executor fails to comply with the citation, serve on each spouse and de facto partner of the deceased and on every beneficiary under the will and, where there is a partial intestacy, on every person entitled in administration of the estate on intestacy, a citation to pray for administration.

(2) Where the executor has been served with a citation to take probate and has failed to comply with the citation, it is not necessary, unless the Court otherwise directs, to serve him with a citation to pray for administration.

(3) Where an executor is appointed by the will and has not renounced probate, the creditor shall not serve a citation to pray for administration unless he has complied with subrule (1)(a) and the executor has failed to comply with the citation to take probate.

(4) Where a creditor desires to commence a proceeding for a grant of administration and the deceased did not leave a will, he shall serve on the spouse of the deceased and on every person entitled in administration of the estate on intestacy, a citation to pray for administration.