Inventory and accounts
43 Inventory and accounts
Every person to whom probate or administration is granted shall be under a duty to —
collect and get in the real and personal estate of the deceased and administer it according to law;
file an inventory of the estate of the deceased, and pass his accounts relating thereto within such time, and from time to time, and in such manner as may be prescribed by the rules or as the Court may order;
when required to do so by the Court, deliver up the grant of probate or administration to the Court.
The order of the Court allowing any account shall be prima facie evidence of the correctness of the same, and shall, after the expiration of 3 years from the date of such order, operate as a release to the person filing the same, except so far as it is shown by some person interested therein that a wilful or fraudulent error, omission, or entry has been made in such account.
[Section 43 amended: No. 138 of 1976 s. 11.]
44. If accounts not filed Principal Registrar to give notice etc.
If an executor or administrator neglects to file an inventory or to pass accounts within one month after the expiration of the period fixed by the rules, the Principal Registrar shall cause such executor or administrator to be notified of such neglect.
In case of further neglect of the period of one month, the Principal Registrar shall apply for an order upon such executor or administrator to file such inventory or exhibit such account forthwith.
No proceedings under this section shall affect the liability of the executor or administrator to be proceeded against for an account and administration, or prevent an action from being brought on any guarantee given as required by section 26(1) or section 62(1).
[Section 44 amended: No. 138 of 1976 s. 12; No. 67 of 1979 s. 44.]
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