Executor Dative Petition

[TriesHard]

Hello I'm hoping someone can send me an Executer Dative petition form that includes complete. My elderly cousin died 2 months ago without leaving a will and I've been advised that as I am their only blood relative still alive I need to apply to the sheriff court here in scotland to become the Executor Dative.

Thank you

[sederunt]

Do you also need a grant of confirmation or do you only need a dative appointment?
Is the estate below or above £36,000?

[des8]

Google "Executor Dative petition form" and results will take you to "Form X-1"

[sederunt]

Google "Executor Dative petition form" and results will take you to "Form X-1"

But Form X-1 is not a dative petition form.

[des8]

But Form X-1 is not a dative petition form.

Correct, my mistake.

However I think the form is as per schedule A of the Confirmation of Executors (Scotland) Act 1858 (https://www.legislation.gov.uk/ukpga...ted?view=plain)

There is also guidance in this link: https://www.justanswer.co.uk/scottis...e-initial.html

[TriesHard]

Thank you very much

Its a small estate, nothing much at all and definately less than £36,000 so im not sure what more I'll need as ive only been advised to get an executor dative petition submitted. The language in the 2nd link looks as if its more 'up to date' so I'll copy this onto a word document and submit it the sheriff court. Do you know if I need to submit any form of proof if identification with the petition?

[atticus]

Can I ask, for those south of the border: is this an intestacy procedure?

[TriesHard]

Apologies, but if I use the template provided in the 2nd link, do I put my name and my deceased cousins name in upper case throughout the petition, and do I keep the square brackets as per the example, or do I remove the brackets and use upper and lower case as normal? Sorry for appearing so stupid, but I don't want to get it wrong when I submit it to the sheriff court. Thank you

[sederunt]

If the estate is less that £36k and you also need a grant of confirmation you should not submit a dative petition but use the small estates procedure whereby the sheriff clerk will arrange the inventory and as part of the process you will be decerned executor dative.

There are advantages to using the small estates procedure.

[sederunt]

Can I ask, for those south of the border: is this an intestacy procedure?

Yes. the Scottish equivalent of letters of administration, but more difficult!

[sederunt]

Apologies, but if I use the template provided in the 2nd link, do I put my name and my deceased cousins name in upper case throughout the petition, and do I keep the square brackets as per the example, or do I remove the brackets and use upper and lower case as normal? Sorry for appearing so stupid, but I don't want to get it wrong when I submit it to the sheriff court. Thank you

The format on the template that DES8 linked to is the correct format for a dative petition but you will need to make a number of additional changes to reflect your own circumstances. I will send you details if you are going ahead - but see my other post about the small estates procedure.

[des8]

As this is an intestate's small estate I understand you can obtain assistance from the sheriff clerk's office in the area where the deceased last resided.
That is probably a better option for you than seeking help from an anonymous forum.

[TriesHard]

atticus, Yes my elderly cousin died without leaving a will and I'm the closest surviving relative

[TriesHard]

Thank you DES8 I did contact the Commissary Records Unit at the sheriff court who said:

The process is described in Currie on Confirmation of the Executors Book 9^th Edition. That provides styles and how to complete it.

They also said:

I am sorry , we are not legally qualified to give advice on how to complete this petitions

This is why I am seeking help here

[des8]

The staff can help with other points though, such as the inventory.
Currie's is available for about £275 !

tagging ScottishSolicitor who might be able to advise