Executor-dative

An executor-dative is an executor appointed by the Sheriff Court in Scotland where the deceased did not leave a will, or the will did not nominate an executor for the assets in question. The role is the Scottish counterpart of the administrator in England and Wales. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]

For small estates (gross value £36,000 or less), the appointment is handled as part of the confirmation procedure with the sheriff clerk's help. For large estates, there is an additional court step before confirmation can be applied for: the dative petition, in which the court is asked to appoint a specific person as executor under the rules of intestate succession. The Scottish Courts and Tribunals Service recommends seeking legal advice for dative petitions. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]

An executor-dative will generally need to obtain a bond of caution before Confirmation can be issued, except for the small-estate carve-out where the sheriff clerk has prepared the inventory. [source: scotcourts/small-estates-2026-05-03.html]

A person nominated as executor in a valid Scottish will is, by contrast, an executor-nominate. The two terms describe how the executor came to hold the role; both then administer the estate under the same general framework. → Confirmation in Scotland · Intestacy rules

Last verified: 3 May 2026 against scotcourts.gov.uk.