If you want to administer an estate when someone has died in Scotland, you may need to apply to the Sheriff Court for confirmation (the Scottish equivalent of ‘probate’) so you have the authority to sort out the deceased's affairs.
This depends on the size of the deceased’s estate and the kinds of assets in it.
Normally, a grant of probate is required if the value of the deceased’s estate (after paying the funeral account) is over £5,000.
Find out more on when a grant of probate is needed.
Applying for confirmation without a solicitor
To apply for confirmation yourself you need to complete and send a variety of probate forms to the Commissary Department of the Sheriff Court, which outline to the Sheriff Court what the deceased’s estate is worth.
To apply for confirmation in Scotland, you must complete the following probate forms:
In the confirmation application form C1, the following information is requested:
Details of the deceased
The deceased’s estate
In Scotland Form C1 and Form C5 need only be signed by one of the nominated executors.
If inheritance tax is payable, Form C1 and Form IHT400 should both be first submitted to HM Revenue & Customs. Form C1 will be receipted by the HMRC and returned to you, allowing you to apply for confirmation from the Sheriff Court.
Application for confirmation is made to the Sheriff Clerk of the Sheriff Court in the area in which the deceased had been domiciled at their death.
Get expert guidance on applying for confirmation, plus the confirmation forms you need, with Lawpack’s DIY Probate Kit.
Published on: October 26, 2011