Skip to main content

Confirmation costs and fees explained - court, legal and hidden extras

Understand probate costs in Scotland - direct Confirmation fees and other costs - and when you can deduct expenses from the estate value.

Mike Davis avatar
Written by Mike Davis
Updated over 3 weeks ago

What comes before this


The process of applying for Confirmation always includes direct costs payable to the Court. You might also need to pay some professional fees and have extra specific costs, depending on the estate. Some estates also need to pay Inheritance Tax.

These costs can all be paid from the estate, or claimed back.

Direct costs around Confirmation

Death Certificates

You’ll need to send a Death Certificate to the Court as part of the Confirmation process. Companies holding assets might ask for one, too.

There is a small fee for a Death Certificate. If you need extra copies, it’s cheaper to order them at the same time.

No Will estates

If the person did not leave a Will, there is a £22 fee to be appointed as the Executor. (Correct as of 1 November 2024.)

You might also need a special type of insurance policy called a Bond of Caution (pronounced ‘Kay-shun’). These cost around £500-£1200 depending on the estate value and other factors.

Court fees

The Sheriff Court charges an application fee based on how much the estate is worth. You only pay the fee once, when the application has been successful.

As part of the application fee, you will receive an official Grant of Confirmation booklet in the post. This grant will have your full inventory contained within it, meaning you can use this document with any asset holder.

Extra certificates of Confirmation are optional, but it is good practice to get individual certificates for:

  • each property

  • each asset that needs a hard copy of Confirmation/Probate to be sent in the post

Court fees by estate value

Estate value

Court fee

Extra certificates

Less than £50,000

Free

£9

£50,000 - £250,000

£341

£9

More than £250,000

£684

£9

Fees correct as of 1 November 2025.

Solicitor or legal services fees

If you hire a solicitor or use a legal service company like My Probate Partner to help apply for Confirmation, there will be charges for this.

Inheritance Tax

If the value of the estate is above the Inheritance Tax threshold, you will need to pay the tax on the amount above the threshold.

There is no fee to submit Inheritance Tax forms to HMRC.


How and when to pay Confirmation costs

If you are the Executor and have access to any of the estate’s funds, you can pay Confirmation fees directly from the estate. If not, you need to pay them yourself and claim them back later.

Paying by card

You can pay the Court costs over the phone using a credit or debit card. The Court will phone you for payment once your application is successful.

Make sure you include the right phone number in your covering letter when you apply.

Some credit card providers will charge a fee as the payment is classed as a ‘cash payment to a government organisation’.

Paying by cheque

If you prefer, you can include a cheque with your application, made payable to ‘The Scottish Courts and Tribunals Service’.

This will only be cashed once your application is successful.

If you send a cheque for the wrong amount, the Court will return your application and you will go to the back of the queue.


General costs of estate administration

Besides Confirmation, you will need to consider other costs when administering an estate, such as:

  • property transfer/sale fees

Executor expenses

As an Executor, you can pay expenses directly from the estate, or claim them back. However, you cannot pay yourself for the time spent dealing with the estate. Only solicitors can be paid for their time acting as Executors.


Which debts and expenses affect the value of an estate?

Things that affect the estate value

When applying for Confirmation or submitting forms for Inheritance Tax, there are some things you can deduct from the total value of the estate, namely:

  • funeral expenses

  • money that was paid out to the deceased person and needs to be paid back, like:

    • pension payments

    • benefit payments

  • payments owed, like:

    • a share of an outstanding mortgage

    • care home fees

    • utility bills

Things that do not affect the estate value

Professional fees for services instructed and carried out after the person died do not affect the value of the estate for Confirmation or Inheritance Tax purposes. However, they can still be paid from the estate before paying out to beneficiaries.

This might include:

  • solicitor fees

  • paying a house clearance company

  • ongoing utility costs like energy bills and insurance


Next step

Did this answer your question?