Article 43 Payment etc. to representatives of deceased persons

Where a person entitled to a fund in court either in his own right or as sole or sole surviving executor dies, the Accountant General may, where the fund exceeds £5,000, pay it to the personal representative of the deceased on production of a grant of probate or office copy thereof, or, where the deceased was entitled to the fund in his own right, letters of administration in respect of the deceased’s estate.

Where a person entitled to a fund in court in his own right dies intestate and no grant of administration has been issued, the Accountant General may, where the assets of the deceased (including the fund in court and after deduction of debts and funeral expenses) do not exceed £5,000, pay the fund to the person who appears to him to have the prior right to a grant of administration of the estate, on lodgment in the Court Funds Office of a written declaration of kinship.

Where two or more persons were entitled to payment of a fund in court as personal representatives and any of them dies before the fund is dealt with, the Accountant General may pay the fund to the surviving personal representatives on proof of the death of the deceased personal representative; and where the fund does not exceed £5,000 the Accountant General may, unless a court otherwise directs, pay the fund to any one of them.