How to apply to be Executor if there’s no Will

The process of appointing someone as the Executor (officially ‘Executor-dative’ when there’s no Will) involves a formal court application called an ‘initial writ’.

This article explains which Court to apply to, what the process involves, how long it takes, and why many people choose professional help.

Only someone who inherits from the estate under the law can apply to be Executor when there is no Will.

Who inherits when someone dies without a Will in Scotland

You normally apply to the Sheriff Court for the area where the person was ‘domiciled’ (usually their last main residence).

In some cases, this is different from the Court you apply to for Confirmation, if you need it. This is because some smaller Courts don’t handle applications for Confirmation.

If the person had no fixed or known domicile, or a foreign domicile, the Executor application (and Confirmation) must be made to Edinburgh Sheriff Court.

What is Confirmation (Scottish Probate)?

Your application must include:

If you use our no-Will support package, we can prepare the initial writ for you.

You can lodge the petition with the appropriate Sheriff Court by post or in person.

In smaller Courts, you might be able to pay the £22 fee when you hand it in; in larger Courts, you give your payment details over the phone after the application is checked.

Once lodged, the Court will publish details of your application on its website for a statutory notice period of 9 days, to allow objections. If no valid objection is made, the Sheriff will issue a document (called an ‘interlocutor’) appointing the Executor-dative. This is sent to you by post.

Check the Court website for up-to-date fees (under the 'Commissary' section)

The legal minimum amount of time it takes to get appointed as Executor-dative is the 9-day notice period. In practice, you should allow around 4 weeks from lodging the petition to receive the document from the Court, to allow for processing and postage.

Smaller courts can be a bit quicker; larger courts such as Edinburgh and Glasgow can take longer.

If you use our No Will Service to prepare the petition, we normally do this within about a week of receiving the necessary information.

One or more eligible people can apply together. If you want to act jointly, include applicants in the same petition.

If two equally eligible people apply separately, the Court often appoints them jointly.

A higher-ranked person, such as a surviving spouse, can take precedence over someone lower in the order of entitlement. To avoid delay and extra cost, it’s best to agree and apply together.

Courts do not provide legal advice, and you must draft the petition correctly. Mistakes can lead to:

A Bond of Caution is a special type of insurance policy that is required in most cases when there is no Will.

Because estates with no Will often need a bond and have procedural complexities, we strongly recommend professional help.

Our fixed price No Will package includes drafting the petition, helping you arrange a Bond of Caution, and drafting your application for Confirmation. You’ll have a dedicated case manager who will guide you through every step to make the process as straightforward as possible.