Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 71

PART II SMALL ESTATES

Aid of registrar or clerk in procuring grant of probate etc.

71. Aid of registrar or clerk in procuring grant of probate etc.



(1) Save as hereinafter provided, if a person dies leaving property not
exceeding $25 000 or (if the only person or persons entitled to take the
property of the deceased person under the will or to share in the distribution
of the surplus of the estate of such person is or are the children only or the
partner only or the partner and children only or the sole surviving parent of
such person) not exceeding $50 000 in value the person entitled to probate of
the will or to letters of administration of the estate of such deceased person
may apply-



   (a)  to the registrar of probates; or





   (b)  to a registrar of the Magistrates' Court whose office is nearest to
        the fixed place of abode of the applicant at the time of the making of
        the application-

for the aid of the registrar of probates or the registrar of the Magistrates'
Court, as the case may be, in procuring the grant of probate or letters of
administration.

(2) The registrar of probates or the registrar of the Supreme Court shall-

   (a)  cause to be completed the advertisement affidavit and documents
        required by the Court in its probate jurisdiction to lead to such
        grant;







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   (d)  obtain the proper fees payable from or on behalf of the applicant on
        all such affidavits and documents as well as any further material or
        fees which may be required under this Part-

and where such action is taken by a registrar of the Magistrates' Court, that
registrar shall transmit all such affidavits documents material and fees to
the office of the registrar.

(3) In this Part unless the contrary intention appears, registrar of the
Magistrates' Court includes a deputy registrar of the Magistrates' Court.





(4) In this Part registrar of probates means the registrar of probates
appointed pursuant to the Supreme Court Act 1986 and includes an assistant
registrar of probates.