Special provisions for small estates

(1) Where it is alleged by an applicant for probate or letters of administration whether with the will annexed or in cases of intestacy that the net value of the estate which is the subject of the application is under four hundred dollars, the procedure for obtaining a grant of probate or letters of administration shall be as stated in the following sub-sections. (2) (a) In the case of an application for probate or for letters of administration with the will annexed, the shall be by petition accompanied by production of the will and by an inventory of the estate. The petition shall be supported by an affidavit, and the inventory by a declaration, of the applicant; and the will shall be accompanied by an affidavit of the due execution thereof. (b) In the case of an application for letters of administration on an intestacy application, the application shall be by petition accompanied by an inventory of the estate. The petition shall be supported by an affidavit, and the inventory by a declaration, of the applicant. (3) Notice of application for letters of administration, whether with the will annexed or in cases of intestacy, shall be given in the Gazette for three successive weeks before such letters may be granted. (4) On payment of a fee of two dollars by the applicant, it shall be the duty of the Registrar, if requested by the applicant, to assist the applicant with the preparation of all the papers mentioned in sub-sections (2) and (3). (5) Where the net value of the estate is estimated to be less than four hundred dollars30 Administration of Estates Act (a) the applicant shall not be required to furnish any bond under section 14; (b) the Registrar shall lay his report thereon before the Chief Justice or other Judge of the Supreme Court who may, if he is satisfied that the applicant is entitled to administer the estate of the deceased, direct a grant of probate or letters of administration, as the case may be, to issue to the applicant; (c) no fee other than the two dollars mentioned in sub-section (4), shall be payable by the applicant either in respect of the issue of the grant of probate or letters of administration or for court fees, or stamp duty, or otherwise. (6) (a) Where the net value of the estate is estimated to be four hundred dollars or greater– (i) the Registrar shall be entitled to charge the fees in Schedule I for services rendered by him in assisting the applicant with the preparation of any papers mentioned in sub-sections (2) and (3), which fees shall be paid into the Public Treasury. Such fees shall be additional to the fee of two dollars payable under sub-section (4); Schedule I. (ii) the application shall proceed in the ordinary manner under this Act other than this section, and the ordinary fees shall be chargeable; (iii) no grant of probate or of letters of administration of the estate shall issue until any fees required to be paid by Administration of Estates Act 31 paragraph (i) have been paid by the applicant. (7) In this section, the expression “net value” in relation to an estate, means the value of the estate after the deductions allowed have been made.