Section 8

Where any person has died intestate leaving a small estate, any person claiming to be interested in the estate as a beneficiary, or a creditor, or a purchaser, or in the circumstances mentioned in subsection 18(1), the Corporation, or Majlis, or guardian, or next friend, may lodge with the Estate Distribution Officer at any state wherever the property comprised in the estate is situated a petition, in the prescribed form, for the distribution of the estate.

The petitioner shall deliver to the Estate Distribution Officer all issue documents of title or other documents evidencing title to property relating to the estate in his possession or power or other supporting documents evidencing the statements claimed in the petition.

The Estate Distribution Officer shall thereupon give notice to the principal registry of the High Court of the lodging with him of the petition and shall ascertain from the registry whether any petition relating to the estate has, before that petition having been lodged, been filed in the High Court or lodged with any other Estate Distribution

Officer.

If no such petition has been so filed or lodged, the Estate

Distribution Officer shall investigate the facts and matters alleged in the

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petition and determine whether the estate is or is not a small estate and whether he has jurisdiction under section 4.

For the purpose of determining whether any estate is or is not a small estate, the Estate Distribution Officer or a valuation officer shall value the property comprised therein wherever situate, if any.

The valuation of the property comprised in an estate by the

Estate Distribution Officer or a valuation officer under this section shall be conclusive for the purpose of this Act.

Notwithstanding subsection (6), where the valuation of the property for petition for distribution is more than one, the Estate

Distribution Officer shall examine each valuation and decide which valuation to be applied in determining whether any estate is or is not a small estate and his decision shall be final and the valuation shall be conclusive for the purposes of this Act.

If the Estate Distribution Officer decides that the estate is not a small estate, he shall transfer the petition, with or without amendment, to the High Court and the petition shall, unless the Court otherwise directs, be treated therein as if it were a petition for letters of administration upon an intestacy;

Provided that this subsection shall not apply in any case where a petition in respect of the estate has been transferred to the Estate

Distribution Officer under subsection 7(1).

If the Estate Distribution Officer decides that the estate is a small estate, he shall deal with the petition in accordance with subsection 4(2)

but if it appears to him that it would be more expedient for the petition to be heard by another Estate Distribution Officer, he may apply to the

President, for an order to be made under subsection 4(2).

If upon ascertaining from the principal registry of the High

Court, the Estate Distribution Officer has notice that any other petition for distribution had been previously lodged in respect of the estate with any other Estate Distribution Officer or that any application has been made to the President under subsection 4(2) or that any petition for probate or letters of administration with a will or a copy of a will

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annexed has been filed in the High Court in respect of the estate, he shall strike out the petition before him and inform the petitioner accordingly.

The Minister may, with the approval of the State Authority, by notification in the Gazette, appoint a date for the coming into operation of this section in relation to the Majlis.

When any movable property is administered by the Corporation