VESTING OF ESTATE IN PUBLIC TRUSTEE WHERE INTESTACY OR LACK OF EXECUTORS

Where a person dies intestate, his real and personal estate shall vest in the public trustee until the grant of administration.

Where a testator dies and;

  • At the time of death, there is no executor with the power to obtain probate of the will, or
  • At any time before probate of the will is granted there ceases to be any executor with power to obtain probate,

The real and personal estate of which he disposes of by the will shall vest in the public trustee until the grant of representation.

The vesting of real or personal estate in the public trustee by virtue of this section does not confer on him any beneficial interest in or impose on him any duty, obligation, or liability in respect of the property.

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