Please help with dative petition

cozyhomer

My mother died earlier this year i am the only person left in the family, She lived and died in Dundee and had no will the estate is around £50,500 the bank has already paid out for her funeral. can any guide me to create a dative petition please.

buddy9

Could you advise:

Are you son or daughter?

Did your mother have any other children or any grandchildren?

Was your mother widowed or divorced or not married?

cozyhomer

Hi buddy9 i am her daughter no other children just me and yes 3 grandchildren which are mine but there adults now, and mother is widowed.

buddy9

See example writ style below based on your circumstances. You will need to change the personal details to suit. Print writ on A4 paper. Lodge a copy with the sheriff court, along with evidence of identity and relationship. Court fee is £23. Still a paper system.

If you subsequently need a Grant of Confirmation then you will likely need a Bond of Caution. There are few Caution providers and most require compulsory solicitor involvement.

If eventually applying for Confirmation you will want to show the gross estate as no greater than £50k - below that there is no court fee.

If you need to provide evidence for release of bank funds you might achieve this only with evidence of appointment as executor. This has worked for others.