Confirmation in Scotland (the Probate Equivalent)¶
In Scotland, the document you need to administer a deceased person's estate is called Confirmation, not probate. It is issued by the Sheriff Court for the district where the deceased was domiciled, on a different form, with a different fee structure and a different body of underlying law from the system in England and Wales.
Most online guidance assumes you are in England. Following the wrong process wastes weeks. This guide explains what Confirmation is, the two routes through it (small estate and large estate), the form you need, and the bits of Scottish succession law that affect who gets what.
If you can only do one thing today: Find your local Sheriff Court and contact the sheriff clerk's office. They will tell you whether the estate is a small or large one and what to bring. The directory is at scotcourts.gov.uk. [source: scotcourts/dealing-with-a-deceaseds-estate-2026-05-03.html]
What Confirmation actually is¶
Confirmation is the legal document that authorises an executor to uplift the deceased's money and property — bank accounts, building society accounts, pensions, life insurance, investments, vehicles, the home — and to administer and distribute it according to law. Without it, most asset holders will not release funds or transfer title. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]
Confirmation is needed only where the inventory includes at least one item of money or other property situated in Scotland. If the deceased was domiciled in Scotland but held only English assets, you would apply for a Grant of Probate in England and Wales instead. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]
The application goes to the sheriff court for the district where the deceased lived at the time of death, not the district where the assets are. Find the right court via scotcourts.gov.uk. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]
Small estate or large estate¶
This is the first routing decision and it changes everything that follows: the procedure, the fee, and how much help the court can give you. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]
- Small estate — gross value of money and property is £36,000 or less. The sheriff clerk's office can prepare the inventory at an in-person appointment, there is no statutory court fee for issuing Confirmation in a small estate, and a bond of caution is not required where the sheriff clerk has prepared the inventory. [source: scotcourts/small-estates-2026-05-03.html]
- Large estate — gross value of money and property is over £36,000. The Scottish Courts and Tribunals Service is prohibited from assisting applicants for confirmation to large estates and recommends seeking legal advice. The application uses Form C1 and there is a court fee that scales with the value of the estate. [source: scotcourts/large-estates-2026-05-03.html]
When working out the gross value, do not deduct debts (funeral expenses, gas or electricity bills, mortgage balances). The values of bank accounts must include interest accrued to the date of death. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]
If you are right at the threshold, ring the sheriff clerk's office and talk it through. The £36,000 figure is gross, so a single asset can tip an otherwise small estate into the large-estate procedure.
With a will or without a will¶
The procedural shape depends not just on the size of the estate but on whether there is a will. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]
- With a valid will (testate) — the executor named in the will is an executor-nominate. They apply directly for Confirmation using the small-estate or large-estate procedure as appropriate.
- Without a will (intestate) — there is no nominated executor, so the court must appoint one. The appointee is an executor-dative. For a small estate, the appointment is folded into the confirmation procedure with the sheriff clerk's help. For a large estate, there is an additional court step before confirmation can be applied for: a dative petition, which the Scottish Courts and Tribunals Service recommends seeking legal advice on. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]
A bond of caution is generally required where the deceased left no will, except in the small-estate case where the sheriff clerk prepares the inventory. [source: scotcourts/small-estates-2026-05-03.html]
The form: Form C1¶
For deaths on or after 1 January 2022, the application form is a single revised version of Form C1. The previous companion forms (Form C5(2006) and Form C5(SE)(2006)) no longer need to be completed. For earlier deaths, the older versions still apply. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]
Form C1 is a dual-purpose form: the Sheriff Court uses it to decide whether to issue Confirmation, and HM Revenue and Customs uses it to assess any inheritance tax owed. The application forms and HMRC's guidance notes for completing them are published on the HMRC website. [source: scotcourts/large-estates-2026-05-03.html]
The form's centre of gravity is the inventory: every asset listed at its gross value at the date of death, with evidence to back the figures up. That generally means written valuations from estate agents or surveyors for property, dated balance letters from banks and building societies, share-price statements from brokers, and pension death-benefit values from providers. The inventory must include the values of bank accounts up to and including interest accrued to the date of death. [source: scotcourts/guide-to-deceaseds-estate-2026-05-03.html]
The bond of caution¶
A bond of caution (pronounced "kay-shun") is a form of insurance that protects beneficiaries against an executor either applying for confirmation when not entitled, or failing to distribute the estate according to law. [source: scotcourts/small-estates-2026-05-03.html]
The rule of thumb:
- Will + executor-nominate — generally no bond of caution required.
- No will + executor-dative + small estate, sheriff clerk prepares inventory — no bond of caution required (this carve-out has applied since 4 March 2016). [source: scotcourts/small-estates-2026-05-03.html]
- No will + everything else — bond of caution generally required, obtained from an insurance company. The cost depends on the size and risk profile of the estate; a solicitor can arrange it. [source: scotcourts/small-estates-2026-05-03.html]
There is no equivalent in the England-and-Wales Grant of Probate system.
Prior rights and legal rights¶
The other thing that diverges sharply from English law is who is automatically entitled to a share of the estate. Two distinct regimes overlap.
Prior rights (intestacy only)¶
Where the deceased died without a will, a surviving spouse or civil partner has prior rights over the estate. These are paid before any other beneficiary. The current monetary limits, fixed by the Prior Rights of Surviving Spouse and Civil Partner (Scotland) Order 2011 (SSI 2011/436), are:
| Right | Limit |
|---|---|
| Dwelling house in which the survivor was ordinarily resident | £473,000 |
| Furniture and plenishings of the house | £29,000 |
| Financial provision (where survived by issue) | £50,000 |
| Financial provision (where no issue) | £89,000 |
| [source: legislation-gov-uk/prior-rights-2011-schedule-2026-05-03.html] |
If the estate is smaller than these sums, the surviving spouse takes the whole of it under prior rights before anyone else inherits.
Legal rights (testate or intestate)¶
Legal rights cannot be defeated by a will. A surviving spouse, civil partner, or child can elect to take their legal rights even where the will leaves them nothing. They apply only to moveable estate (cash, shares, pensions, vehicles, personal effects), not to heritable estate (land and buildings). [source: legislation-gov-uk/succession-scotland-act-1964-contents-2026-05-03.html]
| Surviving family | Spouse / civil partner share | Children's collective share |
|---|---|---|
| Spouse and children | One-third of moveable estate | One-third of moveable estate |
| Spouse only (no children) | One-half of moveable estate | — |
| Children only (no spouse) | — | One-half of moveable estate |
The remaining share is the dead's part, distributed under the will or under intestate succession. A claimant must choose between the provision in the will and their legal rights — not both (the doctrine of "approbate and reprobate"). The election is generally made within 20 years.
The practical upshot for an executor: even where the will appears to settle everything, the children of the deceased can claim a one-third share of the moveable estate as of right. The inventory needs to identify which assets are moveable and which are heritable so the claim can be calculated.
→ Full reference: Succession (Scotland) Act 1964
Court fees¶
The court fee for Confirmation in a small estate is zero. Fees for certified copies of the confirmation (which banks and other asset holders will ask for) remain payable. [source: scotcourts/small-estates-2026-05-03.html]
For a large estate, the court fee is set by Scottish Statutory Instrument and scales with the gross value of the estate. The current schedule of Sheriff Court fees is published at scotcourts.gov.uk/taking-action/court-fees. [source: scotcourts/court-fees-2026-05-03.html]
The court fee is for the court only. It does not include solicitor's fees (typically £800–£2,500 for a straightforward estate, more for complex ones), property valuation fees, the cost of a bond of caution where one is required, or any inheritance tax due to HMRC on the value of the estate. [source: scotcourts/large-estates-2026-05-03.html]
Confirmation vs probate: the differences at a glance¶
| Aspect | Scotland (Confirmation) | England and Wales (Probate) |
|---|---|---|
| Document | Confirmation | Grant of Probate / Letters of Administration |
| Court | Sheriff Court (local) | Probate Registry (centralised) |
| Application form | Form C1 (dual-purpose with HMRC) | Form PA1P / Form PA1A, plus IHT400 where required |
| Fee structure | No fee for small estates; SSI-set scale for large estates | Flat £300 over £5,000, no fee under £5,000 |
| Spousal automatic claim on intestacy | Prior rights (substantial) | Statutory legacy + share (specified amounts) |
| Forced share for children | Legal rights over moveable estate | None automatic; only by court application under the 1975 Act |
| Insurance bond | Bond of caution generally required without a will | None |
| Heritable / moveable distinction | Load-bearing for legal rights | No equivalent distinction |
For the England-and-Wales process in detail, see How to apply for probate.
Northern Ireland¶
If the deceased was domiciled in Northern Ireland, Confirmation does not apply. The Northern Irish process is closer to the England-and-Wales model and is handled by the Probate and Matrimonial Office of the High Court in Belfast.
If the deceased lived in Scotland but owned property in Northern Ireland (or vice versa), separate grants in both jurisdictions may be needed. A solicitor experienced in cross-border estates is generally the simplest route through that.
Where to start¶
- Find the deceased's will (or confirm there isn't one). Common locations: home filing, the deceased's solicitor, the bank, or the National Will Register.
- Decide whether the estate is small (£36,000 or less, gross) or large.
- For a small estate, contact the sheriff clerk's office for the deceased's home district and book an appointment. They will help with Form C1 and the inventory.
- For a large estate, instruct a solicitor early. The Scottish Courts and Tribunals Service will not assist with large estates and the consequences of a mistake on Form C1 (which is also the inheritance-tax return) can be expensive to unwind.
- Compile the inventory. Get written valuations for property and balance letters for accounts, all dated within 30 days of submission.
- If inheritance tax is due, address it before lodging the application: Confirmation is generally not issued until any tax owed has been paid or arrangements for payment have been made with HMRC. → Inheritance Tax
- Lodge the application with the sheriff court for the deceased's home district. Allow several weeks for processing.
- Order multiple certified copies of the Confirmation when it is issued; banks, the Land Registry of Scotland, and other asset holders generally require their own certified copy.
Getting help¶
- Scottish Courts and Tribunals Service — scotcourts.gov.uk. The authoritative starting point: forms, fee schedule, sheriff court directory.
- mygov.scot — Applying for confirmation — mygov.scot/confirmation. Scottish Government overview that points onwards to SCTS. [source: mygov-scot/confirmation-2026-05-03.html]
- Scottish Government — Bereavement: what to do after a death in Scotland — the long-running practical-advice booklet. Latest revision: 11th edition, 2016. [source: gov-scot/bereavement-what-to-do-after-death-2026-05-03.html]
- Law Society of Scotland — lawscot.org.uk. Find a solicitor accredited in succession and executry.
- Citizens Advice Scotland — cas.org.uk. General information on executors' duties and Scottish succession law.
If you're struggling, you don't have to do this alone. Samaritans (116 123, 24/7) | Cruse Bereavement Care (0808 808 1677) | Mind (0300 123 3393)
Next: Inheritance Tax · Intestacy rules · Probate in England and Wales
Last verified: 3 May 2026 against scotcourts.gov.uk and legislation.gov.uk SSI 2011/436.