Estates worth £36,000 or less

Confirmation isn’t always needed, especially for smaller estates. Whether you need it depends on the type of assets in the estate and how they were owned. Before using the Sheriff Court service, you should be certain you need Confirmation.

If the estate is worth £36,000 or less, it normally qualifies for what the Court calls the ‘small estates procedure’. This means you can get free help from the Sheriff Court with an application for Confirmation.

When working out the value of the estate, you must include everything the person owned at the date of death, not just the assets you think require Confirmation. For example, savings that have already been released still form part of the estate, as well as the person’s share of any joint accounts.

How to value an estate for Confirmation

If the estate qualifies, the Sheriff Court will prepare the Confirmation application form for you. They will do this for free.

You still need to provide all of the information about the estate, including details and values of the assets and debts as they were on the date of death. You are also responsible for everything else involved in the estate administration after Confirmation is granted, like closing accounts, collecting assets, paying debts and distributing what remains to the people entitled to inherit.

If there is no Will, the Court will also help with appointing you as the ‘Executor-dative’.

When using the small estates procedure, you do not need the special type of insurance that is often required for no-Will estates, called a ‘Bond of Caution’.

There are a few cases where the Court can’t help with an estate worth less than £36,000.

The most common example is when the estate includes a share of a property. In rare situations, a court clerk may still agree to help, but most of the time you will be told to seek professional support instead.

If HMRC inheritance tax forms are required first, the Court cannot treat it as a small estate. This is unusual for estates under £36,000.

If the Court won’t help you, we can help you with one of our fixed-price support services.

To use the free service, you should contact the Sheriff Court and make an appointment. You can use whichever Sheriff Court is most convenient to you.

The service is free and is designed to make the process of preparing the forms as straightforward as possible. If you are comfortable handling the rest of the estate administration yourself, this is the simplest and cheapest way to apply for Confirmation.

You can find out more from the Scottish Courts and Tribunals Service, including a questionnaire you can fill in before your meeting. This is optional, but can save time.

The Sheriff Court service is limited to preparing the forms. They will not help with tasks like contacting banks, collecting assets, paying debts or distributing the estate.

If you want help with the wider administration, like contacting financial organisations and paying out money to people, you may still choose to use a solicitor.