Probate in Scotland: Everything You Need to Know.

Dealing with the estate of a loved one after they pass away can be emotionally challenging and legally complex. In Scotland, the process commonly referred to as “probate” in other parts of the UK is officially known as “Confirmation.”

In this guide, we’ll explain what probate in Scotland involves, how to apply for Confirmation, what documents you need, and how the Scottish system differs from the English and Welsh process.

What Is Probate in Scotland?

In Scotland, the term “probate” is not officially used — the equivalent process is called Confirmation.

Definition:Confirmation is the legal process by which the executor of a deceased person’s estate is formally authorized by the court to gather, manage, and distribute the deceased’s assets according to their Will or the rules of intestacy (if there is no Will).

Key Differences: Probate in England vs. Confirmation in Scotland

AspectScotland (Confirmation)England & Wales (Probate)Official TermConfirmationGrant of Probate (or Letters of Administration)Issuing AuthoritySheriff CourtProbate RegistryExecutor AppointmentNamed in Will or court-appointedNamed in Will or court-appointedInheritance RulesBased on Scottish lawBased on English law

Although similar in purpose, the procedures and inheritance rules differ notably.

How to Apply for Confirmation in Scotland

Here are the main steps:

Establish if Confirmation is needed

• If the estate’s total value is small (usually less than £36,000), you might qualify for a small estate process which is simpler.
• Larger estates require full Confirmation.

Appoint an Executor

• If the deceased left a Will, they usually named an Executor.
• If no Will exists, an executor-dative must be appointed through the court.

Prepare an Inventory of Assets

• List all money, property, shares, and other assets.
• Valuations must reflect the date of death values.

Complete Court Forms

• The main forms are C1 (Application for Confirmation) and C5 (Inheritance Tax form).

Pay Any Inheritance Tax

• If the estate’s value exceeds the Inheritance Tax threshold (£325,000 in most cases), taxes must be paid before Confirmation is issued.

Submit to the Sheriff Court

• Lodge the forms, inventory, and any necessary fees with the local Sheriff Court.

Once Confirmation is granted, the executor can legally access bank accounts, sell property, and distribute assets according to the Will or Scottish succession law.

Documents Needed for Confirmation

• Death Certificate
• Original Will (if available)
• Inventory of the estate
• Completed C1 and C5 forms
• Inheritance Tax payment receipt (if applicable)
• Identification documents of the executor

Pro Tip:Professional advice from a solicitor or estate specialist can simplify the process, especially for large or complex estates.

How Long Does Probate (Confirmation) Take in Scotland?

Estate Size/ComplexityEstimated TimeframeSmall estates2–3 monthsMedium estates4–6 monthsComplex estates (with tax issues or disputes)9–12+ months

Factors such as tax obligations, property sales, or disputes among heirs can significantly affect timelines.

Conclusion

While often referred to as “probate”, in Scotland the legal process is officially known as Confirmation. It is a crucial step for managing and distributing a deceased person’s estate legally and fairly.

Understanding the Confirmation process, knowing when it’s required, and following the correct procedures will help ensure that estates are administered smoothly and in accordance with Scottish law. Whether you handle it yourself or seek professional help, being informed about probate in Scotland is the first step to honoring your loved one’s wishes properly.

FAQs 

1. Is there probate in Scotland?

The equivalent of probate in Scotland is called Confirmation, where an executor is authorized to deal with the deceased’s assets.

2. How do I apply for Confirmation in Scotland?

You must complete court forms, prepare an estate inventory, settle any inheritance taxes, and submit everything to the Sheriff Court.

3. Do small estates need Confirmation in Scotland?

If the estate is valued under £36,000, it may qualify as a small estate, which requires a simpler Confirmation process.

4. What happens if there is no Will in Scotland?

An executor-dative must be appointed by the court, and the estate will be distributed according to Scottish intestacy laws.

5. How long does the Confirmation process take?

Simple estates may take 2–3 months, while complex estates can take 9–12 months or longer, depending on asset complexity and tax matters.