Usually, yes. Confirmation is the Scottish equivalent of probate. It is a document issued by the sheriff court that gives the executor legal authority to collect the deceased's money and property, such as bank accounts, investments and a house, and distribute them. Some very small sums can be released without it, but for most estates the executor needs confirmation before banks and other organisations will hand over the assets.
What is confirmation?
When someone dies, their property does not pass automatically to the family. An executor must gather in the estate, pay any debts and taxes, and then distribute what is left. Confirmation is the court document that proves the executor is entitled to do this. It lists the assets in the estate, and the executor shows it to each bank, pension provider or registry to have the asset released or transferred.
When might you not need confirmation?
- Joint assets with survivorship: property or accounts held jointly may pass automatically to the survivor, depending on how they are held. A house title with a "survivorship destination" passes to the surviving owner without confirmation.
- Small balances: many banks will release modest sums without confirmation, on production of a death certificate and an indemnity. Each institution sets its own limit.
- Nominated pensions and life policies: these are often paid directly to a nominated beneficiary or trust, outside the estate.
If any significant asset is in the deceased's sole name, especially a house, confirmation will almost always be needed.
Executor nominate or executor-dative?
- Executor nominate: named in the will. They can apply for confirmation directly.
- Executor-dative: where there is no will, or the will does not appoint an executor who can act, a person, usually a close relative, must first apply to the sheriff court to be appointed. They usually also need a bond of caution, a type of insurance that protects the estate. Our guide on what happens if someone dies without a will in Scotland explains who is entitled to inherit.
Small estates: £36,000 or less
According to the Scottish Courts and Tribunals Service, an estate is a small estate if the total value of the deceased's money and property is £36,000 or less, before debts are deducted. In small estates:
- The sheriff clerk's office can help you complete the inventory form (C1). You need to make an appointment and bring the relevant information.
- If the sheriff clerk helps you, you do not need a bond of caution, even without a will.
- There is no court fee for issuing confirmation in a small estate, although fees apply to extra copies.
Sheriff court staff cannot give legal advice, so for anything more than a straightforward estate it is sensible to take advice.
Larger estates: how to apply
- Value the estate. Write to each bank, pension provider and investment company for the value at the date of death. Have any property valued.
- Consider inheritance tax. Most estates are "excepted estates" that do not need a full inheritance tax account, but larger estates or those with gifts or trusts may need one, and any tax due must usually be paid before confirmation is issued.
- Complete the inventory (form C1), listing every asset, and sign the declaration.
- Lodge the application with the sheriff court for the area where the deceased lived, with the will if there is one, and pay the court fee.
- Receive confirmation, and use it, or certificates of confirmation, to collect each asset.
Important: an executor is personally responsible for administering the estate properly, including paying debts and taxes before distributing to beneficiaries. If you pay out too early and a debt later comes to light, you could be personally liable. Most executors wait at least six months from the death before making final distributions.
How long does it take?
Gathering valuations usually takes several weeks to a few months. Once the application is lodged, confirmation for a straightforward estate is often issued within a few weeks, although court timescales vary. A typical executry, from death to final distribution, often takes six months to a year, and longer where there is property to sell, inheritance tax, or a dispute.
Should you use a solicitor?
You can apply for confirmation yourself, and many people do so for small, straightforward estates. A solicitor is worth considering where there is property, inheritance tax, no will, a business, assets abroad, or any disagreement in the family. If a solicitor prepares the inventory for an executor-dative, a bond of caution is usually needed. Compare the leading wills, trusts and executry solicitors in Glasgow in our independent ranking.
Frequently asked questions
What is confirmation in Scotland?
Confirmation is the Scottish equivalent of probate. It is a sheriff court document that gives the executor legal authority to collect and distribute the deceased's estate.
What is a small estate in Scotland?
An estate where the total value of the deceased's money and property is £36,000 or less, before debts. The sheriff clerk can help with the application, and no court fee is charged for confirmation.
Do I need confirmation if the house was jointly owned?
Not usually for the house if the title contains a survivorship destination, because the deceased's share passes automatically to the survivor. Other assets may still need confirmation.
Can a bank release money without confirmation?
Many banks release smaller sums without confirmation, on production of a death certificate and an indemnity. Each bank sets its own limit.
How long does it take to get confirmation in Scotland?
Valuing the estate often takes several weeks to a few months. Once lodged, confirmation for a straightforward estate is often issued within a few weeks.
What is an executor-dative?
An executor appointed by the sheriff court where there is no will or no executor able to act. They usually need a bond of caution before confirmation is issued.
Conclusion
So, do you need confirmation to deal with an estate in Scotland? In most cases, yes, unless the assets are small or pass automatically to a joint owner or nominated beneficiary. Small estates of £36,000 or less can be handled with help from the sheriff clerk; larger or more complex estates usually benefit from a solicitor.
Compare the leading wills and executry solicitors in Glasgow for help with an estate.