Administration and Probate Act 1935

Any personal representative may, at any time after representation has been granted to him, advertise for claims against the estate of the testator or intestate as provided by this Act.

Every such advertisement shall contain the name of the testator or intestate and the names and additions of the executor or administrator, and shall require all claims against the estate of the testator or intestate to be sent to the Registrar in writing on or before a day to be specified in the advertisement as hereinafter provided.

All such advertisements shall be published in the Gazette and in one newspaper published in Hobart and one published in Launceston; if the testator or intestate resided elsewhere in this State than either of those cities, one of such advertisements may be published in a newspaper, if any, published at any place which is nearer than the nearer of the said cities to the place where he so resided.

If the personal representative has reason to believe that any person having any claim against the estate of the testator or intestate is resident in any other State or in New Zealand, he shall publish an advertisement in a newspaper published in the city or district in that State or in New Zealand, as the case may be, where he believes such person to have been resident at the date of the death of the testator or intestate; or, if the personal representative has reason to believe that any person having any claim against the estate is resident outside Australia and New Zealand, he shall cause an advertisement to be published in the London Gazette.

The executor or administrator shall have regard to the business carried on by the testator or intestate in his lifetime in determining the places at which advertisements should be published.

The day specified as that on or before which claims against the estate are to be sent to the Registrar shall be the same in every such advertisement relating to such estate.

The day to be specified as aforesaid shall, if the advertisements are published – only in this State, be not less than one nor more than two; in any other State or New Zealand, be not less than two nor more than 4; in London, be not less than 4 nor more than 8 – months after the last of such publications.

The personal representative shall file with the Registrar an affidavit stating what advertisements have been published as aforesaid, and the gazettes and newspapers in which the advertisements are so published, and the same when so filed shall be prima facie evidence of the publication of the advertisements and of the dates of publication.

All claims against the estate of any testator or intestate which shall be sent to the Registrar as directed by any such advertisement shall be recorded by the Registrar in a book to be called "The Claims Book", and within one week after the receipt thereof by the Registrar shall be transmitted by him to the personal representative.

Subsections (4) and (8) do not apply to an estate if the net value of the estate does not exceed the prescribed amount for the purpose of section 20A(1) of the Public Trustee Act 1930.