Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 79

Administration of small estates

79. Administration of small estates



(1) This section applies if-

   (a)  an estate is a small estate; and

   (b)  State Trustees could apply under section 5 of the
        State Trustees (State Owned Company) Act 1994 or section 9, 10, 10A or
        11 of the Trustee Companies Act 1984 for a grant of probate or
        administration of the estate or elect under section 11A of the
        Trustee Companies Act 1984 to administer the estate.

(2) State Trustees must give a notice of intention to administer the estate
under this section in a daily newspaper circulating generally throughout
Victoria.

(3) State Trustees is to be taken to have been granted probate of the will or
administration of the estate at the expiry of 14 days after the publication of
the notice.

(4) This section does not affect the right of any person to recover the whole
or any part of any payment made or property delivered under this section from
any person who received it from State Trustees.

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