Confirmation in Scotland: what Probate in Scotland is called.
If a Scot dies, in most cases the process of confirmation will have to be gone through before any money and other property of the deceased can be passed on to whoever is inheriting them.
‘Confirmation’ is a court document granting the executors the authority to deal with the deceased’s assets. This is part of the process: the Scottish Government have produced a document to give more information: you can use the form below to request a copy, or contact the Scottish Government if you prefer. If you want to understand the process better, or to sort out confirmation yourself, the guide “What to do on death in Scotland” is a good starting point.
To give a brief insight into confirmation in Scotland, the executors must supply an “inventory” which is in effect a list including the accurate values of all the deceased’s assets at the time of death. All sorts of issues arise here for the inexperienced, and it is common for incorrect information to be supplied to executors. If the executors don’t spot that the information is wrong, then they may well be personally liable for the mistake.
Confirmation in Scotland is only relevant if at least one asset is in Scotland.
Scottish Confirmation: is it a Small Estate or Large Estate.
‘Small estate’ have a total value not exceeding £36,000 and the process of confirmation is simpler. £36,000.01p upwards is a “large estate” and more comprehensive information is needed.
Be aware that you cannot take off any bills before working out which category of confirmation is required. Values of savings accounts etc. must include interest earned to the date of death. So be careful!
The procedure, forms and fees are different depending on what type of estate the application relates to. If the estate is a small estate, then the sheriff clerk will be able to help you prepare the ‘inventory’, and you can contact your local sheriff court to arrange an appointment.
If the estate is a large estate, the Scottish Government recommend seeking legal advice – please use the form below and we will ask a Scottish confirmation expert to contact you.
Is there a Will?
Scottish confirmation procedures depend on whether or not there was a valid Last Will. If not the person died ‘intestate’; which simply means that there was no valid Will.
For the guide “What to do on death in Scotland” or professional help, please use the form below (our Scottish Conformation Department is not based in our main office, so we would normally ask them to ring you.)