Unsure if You Need Confirmation?
Do not hesitate to reach out to our specialised and dedicated Bereavement solicitors, who are on hand to guide you in the right direction.
Scottish Confirmation Solicitors
Applying for Confirmation in Scotland - Expert Help, Every Step of the Way
What is Confirmation in Scotland?
Confirmation (the Scottish equivalent of Probate in England) is a formal legal document issued by the Sheriff Court. It authorises an executor to collect assets, settle debts, and distribute an estate. Without it, banks and financial institutions will not release funds.
Our solicitors handle the entire application on your behalf – clearly, efficiently, and compassionately.
- Full confirmation application handled on your behalf
- Estate inventory, Sherrif Court forms, all correspondence
- Advice on whether Confirmation is required for your estate
- Dual-qualified solicitors - Scotland, England and Wales
Speak to a Confirmation Expert
UNDERSTANDING CONFIRMATION
Confirmation in Scotland – What You Need to Know
When someone dies in Scotland, their executor needs legal authority to access and distribute the estate. That authority comes from a document called a Grant of Confirmation, issued by the local Sheriff Court.
Confirmation is Scotland’s legal equivalent of Probate in England and Wales. The process is distinct and governed by Scots law – which is why it’s important to use a solicitor with specific expertise in Scottish succession law, not just general probate experience.
Banks and financial institutions will typically require confirmation depending on the value in the account. As banks are privately owned, they all set their own individual thresholds for when confirmation is required. Even if Confirmation is requested by one bank, it may not be needed by another. This is where we can guide you and keep you right.
The application requires a detailed legal inventory of the estate, completion of specific court forms, and in many cases, coordination with HMRC regarding inheritance tax.
Our solicitors manage the entire Confirmation process on your behalf, from the initial inventory through to the issue of the Certificate of Confirmation, so you don’t have to navigate court forms and legal requirements while grieving.
Key Facts About Confirmation
Scottish Legal System
Scotland has its own legal system. Confirmation (not Probate) is the correct term under Scots law, governed by the Succession (Scotland) Act 1964.
Granted by the Sherrif Court
Confirmation is issued by the local Sheriff Court (not the High Court). Your solicitor submits the application and inventory on your behalf.
Typical Timescale
The Confirmation application usually takes anywhere between 4-12 weeks from instruction, depending on the complexity of the estate and the Sheriff Court’s workload.
Certificate of Confirmation
Once granted, the Certificate of Confirmation lists all estate assets and authorises the executor to deal with each one. Individual certificates can be obtained for each asset.
Small Estates Procedure
Estates with a gross value under £36,000 may qualify for the simplified Small Estates procedure — a faster, lower-cost route through the Sheriff Court.
DO I NEED CONFIRMATION?
When Confirmation Is (and Isn’t) Required
Not every estate requires Confirmation, but for most it is unavoidable. Here’s how to understand what applies to your situation.
Confirmation Will Typically Be Required
You likely need confirmation if…
- The deceased owned property in their sole name
- Bank or investment accounts are held solely in their name (most banks have their own thresholds)
- The gross value of the estate exceeds £36,000
- Shares, pension death benefits, or other investments need to be transferred
- A named executor wants formal legal authority to act
- The deceased had assets in both Scotland and England
Confirmation May Not Be Required
You may not need confirmation if…
- All assets were jointly owned and pass by survivorship
- The estate is very small (under £36,000 gross) - Small Estates procedure may apply
- Assets pass directly under a nomination (some pensions, life policies)
- A survivorship clause in the title deeds transfers property automatically
Even in these cases, banks may still require confirmation of their own accord. We advise on each situation individually – call us for a free assessment.
THE CONFIRMATION PROCESS
How We Apply for Confirmation at Jones Whyte – Step by Step
From your first call to the issue of the Grant of Confirmation, here is exactly what happens and what we do at each stage.
1. Initial Consultation & Assessment
We begin with a free call to understand the estate – what assets exist, whether a will was left, the approximate value, and any complications. We confirm whether Confirmation is required, advise on the Small Estates procedure if applicable, and provide a fixed fee quotation before any work begins.
2. Gathering Information & Estate Inventory
We write to all banks, financial institutions, HMRC, pension providers, and any other relevant parties to obtain valuations of all assets as at the date of death. We also identify all outstanding debts and liabilities. This information forms the legal inventory of the estate – a key document in the Confirmation application.
We handle all of this correspondence on your behalf. You provide us with the key documents and contacts; we do the rest.
3. Inheritance Tax Assessment & HRMC Forms
Before Confirmation can be granted, we must confirm to the Sheriff Court that inheritance tax obligations have been addressed. We calculate whether inheritance tax is due, complete the relevant HMRC forms (IHT400 or IHT205 depending on the estate), and arrange payment of any tax liability from estate funds where possible.
For most estates, no inheritance tax is payable – the threshold is currently £325,000, with additional reliefs for spouses, civil partners, and properties passing to direct descendants.
4. Preparing & Submitting the Confirmation Application
We prepare the formal court application – including the C1 Confirmation petition and the inventory of the estate – and submit these to the appropriate Sheriff Court along with the original will (if one exists) and the Sheriff Court fee. We manage all correspondence with the court throughout this stage.
5. Grant of Confirmation Received
Once granted, we receive the Certificate of Confirmation on your behalf. This document – which lists each asset in the estate – is the executor’s legal authority to act. We obtain individual certificates for each asset as required, which can then be presented to banks and institutions to access and transfer funds.
Where you have instructed us for full estate administration, we proceed directly to the next stage. Where we are acting for Confirmation only, we hand over at this point with a full explanation of your next steps as executor.
WHAT YOU'LL NEED
Documents Required for a Confirmation Application
Not every estate requires Confirmation, but for most it is unavoidable. Here’s how to understand what applies to your situation.
Death Certificate
The original extract death certificate from the Registrar. You will need several certified copies – we advise on the number required.
The Will (if one exists)
The original signed will must be lodged with the Sheriff Court as part of the Confirmation application. We hold it safely until submission.
Bank & Savings Details
Account details, sort codes, and approximate balances for all accounts held in the deceased’s name. We write to institutions for formal valuations.
Property Title Deeds
For any heritable property owned by the deceased. The Land Register of Scotland holds most title information digitally – we search this on your behalf.
Investment & Pension Details
Share certificates, ISA details, and pension provider information. We contact providers to obtain date-of-death valuations for the estate inventory.
Outstanding Debts & Liabilities
Any known debts – mortgage, credit cards, utilities, funeral costs. These form part of the inventory and are deducted from the gross estate before Confirmation.
Don’t worry if you don’t have everything yet
We guide you through what to gather as we go. Many families come to us with very little paperwork – we know how to locate what’s needed.
SMALL ESTATES
Small Estates Confirmation in Scotland
A simplified, lower-cost route through the Sheriff Court is available for smaller estates.
The Small Estates Procedure
If the gross value of the estate is under £36,000, a simplified Confirmation procedure is available through the Sheriff Court. This is known as the Small Estates procedure and uses a different, shorter form (Form B1) – making it faster and less costly than the standard application.
The Small Estates procedure is only available when there is no inheritance tax liability and the estate value falls below the threshold. Even for small estates, our solicitors can prepare and submit the application on your behalf to ensure it is done correctly first time.
Why Choose Jones Whyte?
Handling the legal process of probate (in England) or confirmation (in Scotland) can feel overwhelming, especially if the deceased is someone you were closed to.
Our specialist solicitors based in Glasgow are here to guide you every step of the way.
- Although Glasgow-based, our dual-qualified solicitors serve all of Scotland, England and Wales
- We have decades of combined experience in Probate & Confirmation law
- Fixed-fee pricing available for Probate & Confirmation only cases
- Free Bereavement support service available to all clients in need of help after the death of a loved one
MEET THE TEAM
Your Confirmation & Executry Solicitors
At Jones Whyte, our experienced legal professionals pride themselves on responding quickly, resolving your needs and providing you with ongoing help and support.
View the Team
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What Families Say About Jones Whyte
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