3 Where estate does not exceed [F1£36,000] widow or children may apply to commissary clerk to fill up inventory and expede confirmation.S
Where [F2the whole estate of an intestate is of a value not exceeding ; [F1£36,000] an applicant for confirmation thereto] may apply to the commissary clerk of the county within which the intestate was domiciled at the time of death; and the said commissary clerk shall prepare and fill up an inventory and relative [F3declaration], as nearly as may be in the form of Schedule A. appended to this Act, and [F4on the inventory and declaration being signed by the applicant] , and [F5without requiring the applicant to find caution] shall proceed to record said inventory and expede confirmation in the form as nearly as may be of Schedule B. annexed to this Act, and shall deliver the same to the applicant [F2on payment of the requisite fee] : . . . F6; and such confirmation shall have the same force and effect as that prescribed in Schedule D. annexed to the M1Confirmation of Executors (Scotland) Act, 1858 . . . F7
Textual Amendments
F1Sum in s. 3 substituted (1.2.2012) by The Confirmation to Small Estates (Scotland) Order 2011 (S.S.I. 2011/435), arts. 1, 2(a)
F2Words in s. 3 substituted by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 1(1)(a)
F3Word in s. 3 substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 24(1)(a); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
F4Words in s. 3 substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2) s. 74(1), Sch. 8 para 24(1)(b); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
F5Words in s. 3 substituted (4.3.2016) by Succession (Scotland) Act 2016 (asp 7), ss. 18(1)(a), 31(1) (with s. 18(2))
F6Words in s. 3 repealed by Finance Act 1975 (c. 7, SIF 99:3), ss. 52(2)(3), 59, Sch. 13 Pt. I
F7Words in s. 3 repealed by Administration of Estates Act 1971 (c. 25, SIF 116:1, 2), s. 12, Sch. 2 Pt. I
Marginal Citations