How long does probate take in Scotland? (And what you can do to speed it up)

The probate process in Scotland can be a complex journey filled with uncertainties. One of the most common uncertainties people have is how long the probate process can take. 

In this blog, we will explore probate timelines and proactive steps you can take to speed up the process.

Here you’ll find:

• Factors that influence how long probate takes in Scotland
• Disputes and legal challenges that can slow down probate
• Estimated timeline of how long probate takes in Scotland
• Proactive steps to speed up the probate process

Introduction to probate in Scotland

Before we dive into how long probate can take in Scotland, let’s quickly define what probate is and how it works. This will help you understand why probate can take as long as it does and where you can take proactive steps to speed it up. 

Defining probate in Scotland

Probate is the general term often used to describe the process of dealing with someone's financial, legal and tax affairs after they die.

More specifically, it refers to a court process that is often required to give someone named in a Will (or the next of kin where there is no Will) the authority to deal with all of their assets. The court process is officially called 'Confirmation' in Scotland.

The importance of probate

Probate provides the necessary authority to the executor to manage and distribute assets. 

Basics of the Scottish probate process and its timeline

Role of the executor

The executor is tasked with overseeing the financial affairs of the estate. This includes: 

• Settling debts
• Managing assets
• Closing accounts
• Transferring assets
• Paying any debts, taxes and expenses
• Addressing any outstanding financial obligations

My Probate Partner recognises the challenges faced by first-time executors and specialises in providing precise guidance to navigate the complexities of this role.

Valuing of the estate

Often the biggest and most time-consuming job in the probate process is at the beginning when the executor is valuing the estate.

This means contacting the various organisations to find out where all the assets are and their corresponding date of death values. This will dictate which forms and processes will be required while progressing the estate through the court.

Factors that can change how long probate takes

Local Sheriff Court 

The Sheriff Court you have to use plays a pivotal role in the probate timeline. The processing speed can vary 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 might resolve them within a few hours. Executors have to use the local court associated with the deceased's domicile. You cannot simply choose another court that has a shorter wait time, so if you have to use a larger court, be prepared to wait. 

The complexity of the estate

Complex estates are typically characterised by having many financial assets and/or unusual tax arrangements. This could include having multiple:

• Investments
• Business holdings
• Bank accounts
• Trusts

Estates like this would be considered more complex than someone who only had a current and savings account.

These complexities usually extend the probate process beyond the timelines associated with simpler cases.

The asset holders

How well asset holders, such as banks and financial institutions, deal with bereavement processes significantly influences probate timelines. 

While some larger banks have invested in streamlined bereavement processes, others may take months to address simple requests. Be aware of these variations and proactively contact asset holders to speed up the probate process. 

No Will

In cases where there is no Will, the process for obtaining Confirmation can take longer, often extending by a couple of months. This is because someone who inherits from the estate will need to be appointed as the 'executor-dative' and a special type of insurance bond may be required first. 

Locating assets when there is no Will can take longer. In addition, when you apply to be appointed as the 'executor-dative', the court will wait (typically at least two weeks) to see if there are any objections regarding the executor-dative appointment.

Disputes that can slow down getting probate

Beneficiary disagreements

If beneficiaries, the people inheriting the estate, disagree about how assets are distributed or how to interpret the Will, this can lead to long delays. These conflicts may require legal intervention or mediation to reach a resolution, further extending the probate timeline.

Legal challenges

Legal challenges, such as contests to the validity of the Will or disputes over the appointment of the executor, can also contribute to delays. Resolving these challenges may involve court proceedings, adding additional time and cost to the probate process.

Estimated probate timeframes in Scotland

The timeline for probate can vary widely based on the complexities we have previously mentioned. However, having a rough idea of the timeline can help you to set realistic expectations and plan accordingly.

Simple estates expected timeframe 

In the case of simple estates, where the financial affairs and assets are relatively uncomplicated, the probate process typically concludes within a few months. 

The streamlined nature of these cases allows for a more straightforward evaluation of assets, settlement of debts, and distribution of the estate.

Complex estates expected timeframe 

Conversely, complex estates present additional work for the executor, potentially extending the probate timeline of up to a year, or even more in extreme cases. 

The increased complexity may stem from numerous assets and unusual tax arrangements, complex Wills, or no Will.

Proactive steps to speed up the probate process

By taking proactive measures, you can significantly speed up the overall probate proceedings.

1. Gather information about the estate as soon as possible

One of the initial steps for executors is to gather all essential information about the deceased's assets. This includes creating a comprehensive inventory of properties, financial accounts, and any other assets within the estate with their date of death balances/values. If there's no inheritance tax to pay, you can group together the personal possessions make a guesstimate based on their current market value.

The sooner this information is assembled, the quicker the probate process can move forward.

If you don’t have the time to value all the assets yourself, or simply don’t want to, we recommend Settld. They’ll contact all the financial organisations for you, free of charge, to: 

• Notify companies of the person's death
• Request account changes (closure, transfer, freeze)
• Obtain a date of death balance

2. Efficient Confirmation application

Executing a swift and accurate Confirmation application is crucial.  This involves submitting all necessary documents promptly and accurately to the local Sheriff Court. 

The Confirmation process in Scotland is very poorly designed. The official guidance is confusing and missing key components. This means that, although you may feel like you have followed all the instructions, you may find your application is rejected with no explanation of why. This can extend the time it takes for Confirmation to be granted.

This is why we created our Probate Support Service. It has everything you need to prepare and successfully apply for confirmation/probate. Our service provides you with clear, step-by-step instructions written in plain English. We also check your forms for errors before you submit them.

3. Communicate openly with beneficiaries

Open lines of communication with beneficiaries is essential. You should inform them about the progress of the probate process, potential timelines, and any relevant updates. 

Transparent communication helps manage expectations and can prevent unnecessary delays caused by misunderstandings that later turn into disputes.

4.  Seek expert help

Seeking professional guidance, such as assistance from experts in probate matters, can be invaluable. 

Professionals can provide insights, address complexities, and guide you through potential challenges, ultimately contributing to a more efficient probate process.

This is especially true for larger estates when it comes to inheritance tax. Given the complexity of inheritance tax in Scotland, advice from a tax expert can help you speed up the evaluation of what taxes need to be paid, and prevent any over- or under-payments. 

FAQ: How long does probate take in Scotland?

How quickly can probate be granted in Scotland?

The timeline for probate in Scotland varies. For simple estates, it may take a few months, while complex estates can extend to a year or more.

What factors can delay the probate process in Scotland?

Estate complexity, which Sheriff Court you are required to use, disputes among beneficiaries, legal challenges, and issues with the Will can contribute to delays in the probate process in Scotland. Efficient resolution of these factors is essential for a timely probate timeline.

How long after probate is granted does it take to receive inheritance in Scotland?

After probate is granted, most banks should pay out within a few weeks, but other types of companies can take longer. In some areas, it can take a long time to sell a house, perhaps as long as a year or more.

Why do you have to wait 6 months after probate?

The six-month waiting period allows time for creditors to come forward with any outstanding claims against the estate. It's a precautionary measure to ensure all debts are settled before the final distribution of assets, but it's optional in Scotland.

How we can help

The probate process in Scotland is complex to navigate, especially for first-time executors. The official guidance is often confusing and can mean you end up missing or incorrectly completing one of the required steps.

Use our Probate Check Tool to check whether you need to go through probate. You only need to go through the probate process if a company that holds the person who died assets asks for it, or in certain circumstances if there is a property involved. 

We have helped hundreds of executors get their applications through every Sheriff Court in Scotland. We have a 100% success rate for all our checked forms and 100% 5-star reviews on Trustpilot.