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How long the whole process takes
It’s difficult to give a clear timeframe for getting Confirmation, as the process depends on a lot of factors. But overall, the process typically takes:
a few months for more straightforward estates
up to a year (or even longer in extreme cases) for complex estates
It’s very difficult to estimate the total time from someone dying to being able to distribute their assets. It depends on a lot of factors, like the complexity of the estate and the processes of the companies involved, like banks.
A very simple estate could be completed within as little as a few weeks, while unusually complex estates can take over a year. For most people, it falls somewhere in between.
An estate is considered complex if there are a lot of financial assets or unusual tax arrangements. A straightforward estate might have a single property and a couple of bank accounts.
Factors that influence how long getting Confirmation takes
No Will
If there is no Will, the process for getting Confirmation can take longer, often by a couple of months.
Extra time factors when there is no Will
Factor | Explanation | Timeframe |
Appointing the Executor | Someone who inherits from the estate needs to apply to be appointed as the 'Executor-dative'. This person will then carry out the Confirmation process. | The court will typically wait for 2 weeks to see if there are any objections.
The whole process of getting appointed usually takes around 4 weeks. |
Bond of Caution | You might need a special type of insurance policy called a Bond of Caution (pronounced ‘KAY-shun’). | Normally takes 3-4 weeks to get. |
Locating assets | Locating assets when there is no Will can take longer. | Exact timeframes depend on the estate and the asset holders. |
Valuing the estate and gathering documents
Often the most time-consuming job in the Confirmation process is at the beginning when you are valuing the estate. This means contacting various ‘asset holders’, such as banks and financial institutions, to find out where all the assets are and how much they were worth on the day the person died.
The timescales for getting Confirmation depend significantly on how well these asset holders deal with bereavement.
While some larger banks have streamlined their bereavement processes, others can take months to address simple requests. We recommend contacting companies as soon as possible.
We offer services to help you speed up this process, including:
template letters to send to asset holders, asking for all the information you need from them
guidance on how to value the estate
help completing the C1 form for Confirmation
Inheritance Tax
If there is Inheritance Tax to pay, you must submit a full accounting of the estate to HMRC using the IHT forms before you can apply for Confirmation.
You also need to pay the Inheritance Tax before applying for Confirmation. If the person’s assets are frozen and waiting for Confirmation, you can access these accounts to be able to pay Inheritance Tax.
Some estates need to submit these forms to HMRC even if there is no Inheritance Tax to pay.
HMRC should process your completed IHT form within 4 to 6 weeks.
If required, you must submit IHT forms within 12 months of the death to avoid penalties. Interest will start accruing on any tax due after 6 months.
Local Sheriff Court
The Sheriff Court you have to use plays an important role in the Confirmation timeline. The processing speed varies significantly.
For instance, larger courts like Edinburgh and Glasgow may take up to 12 weeks to issue the Grant of Confirmation. In contrast, smaller courts such as Falkirk or Kirkwall might process them within a few hours.
Executors have to use the local court for the area where the deceased last lived. You cannot choose another court that has a shorter wait time, so if you have to use a larger court, be prepared to wait.
If the person who died had no fixed address, or didn’t live in Scotland, you have to use Edinburgh Sheriff Court.
Resubmitting a rejected application
If your Confirmation application is rejected, you need to submit a new application. Wait times will be similar to the first application.
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