Step 1: Understand Confirmation

When someone dies in Scotland, someone needs to deal with their money, property, and belongings (their ‘estate’). This is a 3 stage process called estate administration, and it is sometimes referred to as the probate process. Getting Confirmation is one stage in that process.

Before you start

In practice, not every estate needs Confirmation

Confirmation is a document issued by the Sheriff Court in Scotland. Often referred to by the English terms, Grant of Probate or Letters of Administration, some institutions need to see it before they release money. It’s always needed to deal with a property if the person was the last surviving owner.



Read more on what Confirmation is and when it is needed.

There is no legal requirement to use a solicitor

Most estates are straightforward enough to handle yourself or with fixed-fee support. Some require a solicitor. We will always be clear with you about the difference. Even if a solicitor made the Will, you choose who helps you with Confirmation.

We provide you with Scotland-specific guidance

The estate administration process for people that die in Scotland is different from England and Wales. Online information about ‘probate’ is often based on the English system, which works differently. 


We’ve seen other AI chatbots confidently confuse the two processes, giving people wrong information that has caused some serious misunderstandings, not to mention rejections with the Court. Everything on this website is specific to Scotland.

Documents you need to gather

As you work through the three stages of dealing with an estate (below), there are some key documents to collect:

‘full extract’ death certificate
(it says this at the top of the certificate)

values of accounts/assets
(on the date of death)

ID for the Executor

the Will, if there is one
(if a solicitor holds the Will, you can request it free of charge as it belongs to the Executor)

title deeds for any property the person owned
(we can help you get this)

The three stages of dealing with an estate

Stage 1 Investigate the estate

In the first week or so after a death, there are some practical things to take care of, like registering the death, finding out whether there is a Will, and securing the property.


Read the full first-week checklist


If there is a Will, it should name the person responsible for dealing with the estate (the ‘Executor’). If there is no Will, whoever the law says inherits is the right person.


Find out who inherits when there’s no Will


You then contact all the companies the person had a financial relationship with, like banks, to find out what they held and how much it was worth on the date of death. 



When you contact these companies, ask them to close the account and pay the money to you. They will tell you if they need Confirmation to do so - they might call it ‘Probate’.


Read our guide to valuing an estate

Deciding how to handle things

Once you know what is in the estate and what different organisations are asking for, you should be ready to apply for Confirmation and decide what kind of help, if any, makes sense.


You can apply for Confirmation yourself, use a fixed-fee service like ours, or instruct a solicitor.

When a solicitor might be the best route


There is no legal requirement to use a solicitor. However, in some situations, a solicitor might be required if:

  • there is a dispute between Executors or family members
  • the estate may be insolvent, meaning there is more debt than assets
  • there are complex tax arrangements like multiple trusts
  • someone is challenging the validity of the Will through a solicitor


If you think your situation falls into one of these categories, we can refer you to a solicitor we trust for situations like these. That can save you time, reduce the risk of choosing the wrong firm, and help you get the right advice sooner.

Stage 2 Apply for Confirmation

If you need Confirmation, this is the stage where you complete and submit the application to the Sheriff Court. The process works differently depending on whether there is a Will. The forms need to be accurate - any errors lead to rejections and delays. 


This is the part of the process we specialise in helping people with.

Stage 3 Distribute the estate

Once you have Confirmation, you can:

  • close accounts and sell or transfer other assets, like shares or property
  • pay any remaining debts and taxes
  • distribute the estate to the people who are entitled to inherit


If you use our service, we provide extensive guidance on this stage, so you can feel confident you have tied off all the loose ends. If you select a service with a case manager they are available to answer any questions by phone or email at any stage, including after Confirmation.

FAQs

Got a question? We’re here to help.

  • Do I need Confirmation if a bank has not asked for it?

    Some institutions release funds without Confirmation, depending on the amount. But you might need Confirmation for other things in the estate, like property. 


    Use our Confirmation Checker to find out

  • Can I access money from the estate to pay for the funeral or immediate bills?

    Some institutions will close the account straightaway, just by seeing the Will. 


    If the account is frozen, it is at the institution's discretion whether they release anything, but they will almost always cover funeral costs, and some will even pay our fee directly (just ask us for an invoice).

  • What if there is no Will?

    There are a few extra steps to get Confirmation when there is no Will, and it might be more difficult to access assets and accounts early without it. 


    Scottish law determines who is entitled to inherit and who can be appointed as Executor.


    Find out what to do if there is no Will

  • Do I have to use the solicitor who made the Will?

    There is no legal requirement to use a solicitor, even if they made the Will. The Will belongs to the Executor and you can request it from the solicitor who holds it, free of charge.


    If a solicitor is named as Executor in the Will, the family can request that they stand down. This is a very simple process, and we can help you with this if you choose a service with a case manager.

  • How long does the whole estate administration process take?

    A simple estate that doesn't need Confirmation could be finished in a few weeks, a more complex one could take over a year. The most time-consuming part is usually waiting for institutions to respond with valuations.


    Disagreements between family members or Executors can also cause significant delays, so it helps to make sure everyone agrees on the approach early.


    If you choose to use us to help you get Confirmation (stage 2), it will usually take around 10 working days from buying to getting your application ready to submit, assuming we have the information we need from you. If you want to get Confirmation as fast as possible, you can upgrade to our Express Service for a 1-working day turnaround.


    Find out about realistic timelines and common delays


  • How much does estate administration cost?

    Court fees for Confirmation depend on the estate value. Solicitors typically charge thousands of pounds to carry out the administration process for you. We offer fixed-fee services as an alternative for Executors that don’t mind doing the legwork.


    Find out about Confirmation costs and fees


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Instant AI answers, or the team replies within 4 hours during office hours

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Have a question before you move forward?

You can follow our three steps from start to finish, or jump straight to the step that best matches where you are now.

Use our three steps to find your best route

1 Understand Confirmation (you're here)

Find out what Confirmation is, whether you need it, and what's involved.

2 Compare Confirmation support

Compare your options: doing it yourself, using a solicitor, or using a fixed-fee probate support service like ours.

3 Explore our support services

Get specialist support with your application at a fixed price, so you know exactly what you're paying and can avoid common mistakes.