Under these circumstances, the position of administrator becomes vacant.

The rule that the “executor’s executor” assumes the administration of the deceased executor’s estate (which is set out in Section 13 of the Imperial Acts Application Act 1969 (NSW)) DOES NOT APPLY. This section applies only to executors (not administrators). The relevant sections of that Act distinguish between the office of executor and administrator.

Pursuant to Section 63 of the Probate and Administration Act 1898 (NSW), Bob’s spouse, next of kin, or spouse and next of kin jointly, can make an application for letters of administration of his estate. If there is no such person, the court will grant administration to an individual whom they believe is fit to be trusted. This step would permit the appointed administrator to formally complete the administration of Bob’s estate.