Applicant creditor's petition for administration of deceased person's estate (Form B14)

Section 244 of the Bankruptcy Act 1966 lets a creditor owed at least the statutory minimum by a deceased person (or by their legal personal representative for debts the representative incurred) petition the Court for an order that the estate be administered under Part XI. Rule 11.01 of the Federal Court (Bankruptcy) Rules 2016 requires the petition to be in accordance with Form B14 and accompanied by the verifying affidavit required by section 244(5). The debt must be a liquidated sum payable immediately or at a certain future time, and the deceased must have had one of the listed connections with Australia at the time of death (s 244(6)).

When you need it

• Someone who owed you money has died and you want their estate administered as an insolvent estate by a trustee in bankruptcy.
• The debt or debts total at least the statutory minimum (s 244(1)).
• If a State or Territory court proceeding for administration of the estate has already started, you need the Federal Court's leave to present the petition (s 244(13)).
• For a living debtor, use Form B6. The administrator of the estate uses Form B15.

1. 1

   Heading and addressee

   Complete the District Registry, the estate in the 'In the matter of' line and the parties. Address the petition to the deceased's legal personal representative, or the person the Court directs under section 244(9).

2. 2

   The petition

   Give the creditor's name and address, the deceased's name and date of death, and the amount the estate owes you and why.

3. 3

   Security

   State that you hold no security, or give particulars and value of it and say whether you will surrender it for the benefit of creditors generally (s 244(2) to (4)).

4. 4

   Connection with Australia and status of the estate

   Tick each connection that applied at the time of death. Also give any details of the status of any grant or other authority to administer the estate.

5. 5

   Address for service and signature

   Give the applicant creditor's address for service, date the petition and sign as the applicant or its lawyer. If there is more than one creditor, adapt the form.

• File the petition with the affidavit verifying it, made by a person with knowledge of the facts (s 244(5), r 11.01), through eLodgment or at a District Registry.
• Unless the Court orders otherwise, serve the petition, the verifying affidavit and any trustee's consent to act on the legal personal representative (or the person the Court directs) at least 5 days before the hearing (r 11.02). The Court may dispense with service if there is no legal personal representative and special circumstances justify it (s 244(10)).
• Before the hearing, file affidavits of service, of a National Personal Insolvency Index search made no earlier than the day before the hearing, that the debt is still owing and, if a State or Territory administration proceeding exists, of its details (r 11.03).
• If the order is made, give a copy to the Official Receiver within 2 days (s 244(14)). A filing fee applies; check the current fee schedule.

• Search for any probate or administration proceeding first. If one exists, you need leave to petition (s 244(13)).
• The Court needs proof of the petition's matters, service (unless dispensed with) and that the debt is still owing (s 244(11)).
• After an order is made, the legal personal representative must give the Official Receiver a statement of the deceased's affairs within 28 days of being notified (s 246(1)).