There is no grant of probate in Scotland: the equivalent is a grant of confirmation, issued by the sheriff court, which gives executors authority to gather in and distribute the estate. Confirmation applies where the deceased died domiciled in Scotland. If they died domiciled in England or Wales, you apply for probate there, and that grant is usually recognised across the UK. Figures below are current as at August 2026 and subject to change.
What is the Scottish equivalent of a grant of probate?
Confirmation is Scotland's version of a grant of probate. The commissary department of the sheriff court issues it, giving executors authority over the estate. The same process applies whether or not there is a will, so there is no separate grant of letters of administration, and every asset is itemised on inventory form C1 rather than covered by one open grant. An executor can be nominate (named in the will) or dative (appointed by the court). Our guide to what probate is covers the England and Wales grant for comparison.
Based on Scottish Courts and Tribunals Service and gov.uk, applying for probate, as at August 2026, subject to change.
Do you need Scottish confirmation if the person lived in England or Wales?
Usually no. Under the Administration of Estates Act 1971, a grant of probate issued in England and Wales that notes the deceased's domicile there is recognised in Scotland without resealing. You apply for confirmation only where the person died domiciled in Scotland: domicile, not asset location, decides which document you need. So a family whose late relative held a Scottish cottage or bank account usually faces no second Scottish process, because the one English grant travels north.
| Where they were domiciled | Where the assets are | What you need |
|---|---|---|
| England or Wales | All in England or Wales | Grant of probate in England and Wales |
| England or Wales | Some in Scotland | One England and Wales grant, recognised in Scotland, no separate confirmation |
| Scotland | In Scotland | Grant of confirmation from the sheriff court |
| Scotland | Some in England or Wales | One Scottish confirmation, recognised in England and Wales |
Reciprocal recognition applies across the UK where the grant notes domicile. Based on the Administration of Estates Act 1971, as at August 2026, subject to change. Estates with domicile outside the UK can differ.
How do you apply for confirmation in Scotland?
You apply for confirmation where the deceased died domiciled in Scotland. Inventory form C1 lists every asset and its value and is lodged with the sheriff court where the person last lived. Inheritance tax is handled alongside and is UK-wide.
- Value the whole estate. List every asset and debt at the date of death, in Scotland and elsewhere. This total decides whether the estate counts as "small" or "large".
- Deal with inheritance tax. Where tax is due, or the estate is not an excepted estate, complete form IHT400 for HMRC before you can obtain confirmation (gov.uk, Inheritance Tax).
- Complete inventory form C1. List each asset with its value. For deaths on or after 1 January 2022 the old form C5 is no longer required, and executors must be at least 16.
- Arrange a bond of caution if needed. Where there is no will, an executor dative usually needs a bond of caution, a form of insurance, before confirmation is granted. Most estates with a valid will avoid this.
- Lodge with the sheriff court. Submit the C1 and supporting papers to the commissary department. Once confirmation is issued, use it to collect and distribute the assets, as our guide to the probate process describes.
How long does confirmation take, and what does it cost?
Once a complete application reaches the sheriff court, confirmation is often issued within about four to eight weeks, though busy courts take longer. Winding up the whole estate commonly takes six to nine months. Court fees are banded by estate value.
| Gross estate | Sheriff court confirmation fee |
|---|---|
| Up to £50,000 | No fee |
| Over £50,000 up to £250,000 | £351 |
| Over £250,000 | £705 |
Fees under the Sheriff Court Fees Order; extra charges apply for certificates and copies. See Scottish Courts and Tribunals Service, court fees, as at August 2026, subject to change.