Probate in Scotland: Expert Guidance for Handling Estates

What Is Probate in Scotland?

In Scotland, what is commonly referred to as probate is officially known as Confirmation, short for Confirmation of Executors. This legal document, issued by the Sheriff Court, grants an executor the authority to manage a deceased person’s estate, including their money, property, and possessions. It provides the necessary legal validation to access and distribute assets as required.

While Confirmation refers specifically to this document, the term probate is often used to describe the entire process of managing an estate, also known as estate administration. This broader process includes valuing assets, settling debts, paying taxes, and distributing the remaining estate to beneficiaries.

When Is Probate Required in Scotland?

In Scotland, probate—referred to as Confirmation—is not automatically required in every estate. Whether you need to obtain Confirmation depends on the specifics of the deceased person’s assets and the requirements of institutions holding them. Below are the key circumstances where Confirmation is typically necessary:

• Accessing Accounts and Assets: If a company, bank, or financial institution demands formal legal authority before releasing funds or managing accounts, Confirmation will usually be required. This often applies to bank accounts, investments, or shares held solely in the deceased's name.
• Transferring or Selling Property: Confirmation is needed when the deceased owned property that does not automatically transfer to another individual upon death. For example, if there is no survivorship clause in the property title or if the property is solely in the deceased’s name, the executor must obtain Confirmation to manage or sell the property.
• When Required by Other Organisations: Some pension providers, insurance companies, or other entities may insist on Confirmation before processing claims, particularly for larger sums.
• Complex or High-Value Estates: If the estate is complex or includes significant assets, Confirmation is often necessary to provide a formal inventory and ensure the proper legal administration of the estate.

However, in many cases, especially for smaller estates, you may not need Confirmation. For example, if the total value of the estate is below the thresholds set by individual banks or there are no properties or investments involved, you may be able to manage the estate without formal court involvement.

How Long Does Probate Take?

The timeframe for completing probate (or Confirmation in Scotland) can vary significantly depending on the complexity of the estate, the organisations involved, and the efficiency of the Sheriff Court. Below are the key factors that influence the process:

• Sheriff Court Processing Times: Once the application for Confirmation is submitted to the appropriate Sheriff Court, processing times can range from as little as 2 hours to as long as 12 weeks. The speed largely depends on the specific court’s workload and location. For example, courts in larger cities such as Edinburgh and Glasgow tend to have longer wait times due to higher volumes of cases.
• Estate Administration Process: Beyond obtaining Confirmation, the broader process of estate administration can take anywhere from a few weeks to several years. This timeframe depends on factors such as
  • The responsiveness of banks, companies, and organisations holding the deceased's assets.
  • The need to deal with foreign assets, which often adds complexity and delays.
  • The presence of disputes among beneficiaries or challenges to the Will, which can significantly prolong the process.
  • The size and complexity of the estate, including any requirements to pay Inheritance Tax or resolve debts.
• Efficient Form Preparation: While delays at the court or with other organisations are often unavoidable, we aim to minimise your wait time by providing prompt and accurate support. Our team completes form checks or produces forms within 6 working days, ensuring your application is ready to submit as quickly as possible.

Understanding Inheritance Tax

Inheritance Tax (IHT) is usually not payable if:

• The estate is worth less than £325,000.
• The estate passes entirely to a spouse, civil partner, or charity.

If IHT applies, exemptions such as transferring unused allowances from a deceased spouse or applying the residence nil-rate band can reduce the tax burden.

Valuing Assets for Probate

Property

• Recent Sale Prices: Use comparable properties sold in the same area to estimate the market value of the property. This approach is particularly useful when the property is similar in size, condition, and location to recently sold ones. Online property portals or the UK Land Registry can provide sale prices for properties in the area.
• Chartered Surveyor: If the property value is close to or exceeds the Inheritance Tax (IHT) threshold (£325,000 or £500,000 if a residence is left to a direct descendant), engaging a qualified chartered surveyor ensures accuracy and compliance. Surveyors assess factors like condition, location, and market trends, providing a formal valuation report.

Personal Belongings

• Open Market Value: This refers to the price an item would likely fetch if sold on the open market, such as at an auction or through a private sale. It's the realistic sale price, not an inflated replacement or insured value.
• Professional Valuations: For high-value items (over £1,500), such as jewellery, antiques, or collectibles, hiring a specialist valuer is advised. Their expertise helps determine an accurate figure, especially if these items are unique or rare, ensuring they are not undervalued or overvalued.

Shares

• Stock Exchange Prices: For publicly traded shares, use the market price on the date of valuation. This can be the closing price of the stock on that day or, for larger holdings, the average of the highest and lowest prices of the day. Financial news sites or the London Stock Exchange can provide this information.
• Private Company Shares: Valuation is more complex for privately held shares as they are not traded on the open market. Factors considered include the company’s financial health, profit trends, dividends, and market value of similar companies. Engaging an accountant or business valuation expert ensures compliance with HMRC guidelines and a robust assessment.

Each valuation method ensures assets are assessed correctly for tax and probate purposes, reducing the risk of disputes or penalties.

Using a Will from Another Country

To use an English or foreign Will for Scottish probate, you’ll need an official legal opinion confirming its validity.

Need Help with Probate in Scotland?

Managing probate can be complex, but our expert support services make it easier. Whether you need help with forms, valuations, or understanding the legal requirements, we’re here to guide you.

Call 0131 524 9797:

• Clarify the process.
• Determine if probate or tax is required.
• Receive a clear estimate of costs and timelines.