A grant of confirmation is the legal document that gives an executor authority to gather in and distribute the estate of someone who has died domiciled in Scotland. It is Scotland's equivalent of a grant of probate in England and Wales.
Confirmation is issued by the sheriff court, acting as the commissary court, for the area where the deceased person lived. Banks, share registrars and the Land Register generally will not release or transfer assets held in Scotland until an executor produces confirmation. This guide explains what confirmation is, who needs it, the forms involved, and the current court fees. It describes Scots law, and flags where the position differs from England and Wales. Figures are current as at August 2026 and are subject to change.
What is a grant of confirmation?
Confirmation is a court order that confirms the executor's right to deal with the deceased person's estate. Once granted, it lists the assets the executor is entitled to administer and acts as proof of authority when dealing with banks, building societies, pension providers and property. Without it, most Scottish asset holders have no legal basis on which to hand over funds.
There are two kinds of executor in Scotland. An executor-nominate is a person named in a valid will. An executor-dative is appointed by the court where there is no will, or where the will does not name an executor who can act (mygov.scot, dealing with a deceased person's estate, as at August 2026, subject to change). Naming an executor is one of the practical reasons families across the UK put a valid will in place, and you can read our general guide on how to write a will.
Confirmation in Scotland vs probate in England and Wales
The underlying job is similar in every UK nation: someone has to prove they are entitled to administer an estate before assets are released. The names, forms and courts differ. If you are more familiar with the system south of the border, our guide to what probate is covers the England and Wales process in detail. The table below sets out the main equivalents.
| England and Wales | Scotland |
|---|---|
| Grant of probate / letters of administration | Grant of confirmation |
| Probate Registry (HMCTS) | Sheriff court, sitting as commissary court |
| Executor / administrator | Executor-nominate / executor-dative |
| Form PA1P / PA1A | Form C1 (Inventory of Estate) |
Sources: gov.uk/applying-for-probate and mygov.scot/confirmation, as at August 2026, subject to change. Scots succession law also differs in substance, including legal rights that can entitle a spouse and children to a fixed share of the moveable estate.
Who needs confirmation, and when
Confirmation is normally needed where the deceased owned assets in Scotland that an asset holder will not release without it. That commonly includes property, larger bank and building society balances, and shareholdings. Some asset holders release small balances without confirmation under their own internal limits, and those limits vary between institutions, so it is worth asking each one what it requires before applying. Where the entire estate is small and held only in that way, confirmation may not be needed at all.
The forms and the process
Every confirmation application in Scotland is built around Form C1, the Inventory of Estate. The executor lists everything the deceased owned that requires confirmation, with values as at the date of death: bank and building society balances, National Savings, investments and shares, any heritable property, business interests and valuable possessions. The completed inventory is submitted to the commissary department of the sheriff court for the area where the deceased was domiciled.
In outline, the steps are:
- Establish whether there is a valid will and who is entitled to act as executor.
- Value the whole estate as at the date of death and complete Form C1.
- Deal with inheritance tax reporting to HMRC where the estate is not an excepted estate (gov.uk, excepted estates, as at August 2026, subject to change).
- Submit the inventory and any oath or declaration to the sheriff court commissary department.
- Receive the grant of confirmation, then order certified copies to send to each asset holder.
Court fees for confirmation
Sheriff court confirmation fees are set nationally and depend on the value of the estate. The bands below took effect on 1 April 2026.
| Estate value | Confirmation fee |
|---|---|
| Not exceeding £50,000 | No fee |
| £50,000.01 to £250,000 | £351 |
| Exceeding £250,000 | £705 |
Source: Scottish Courts and Tribunals Service, sheriff court fees, effective 1 April 2026, subject to change. A certified extract of the confirmation ordered with the inventory costs £33, and £46 if ordered later (including a search). Asset holders usually want one certified copy each.
These are court fees only. Where a solicitor administers the estate, their professional charges are separate and are quoted before work begins. Estate administration costs vary widely with the size and complexity of the estate.
Small estates: the simplified route
Scotland has a distinct, simpler procedure for a small estate, meaning one where the total value of the deceased's money and property is £36,000 or less. In a small estate, staff at the sheriff court commissary department can help the executor prepare the inventory and other documents, and there is no statutory court fee for issuing the confirmation itself (Scottish Courts and Tribunals Service, small estates, as at August 2026, subject to change). Certified copies are still charged for if the executor needs them. An estate above that figure is a large estate, and executors more often instruct a solicitor.
Confirmation and inheritance tax
Inheritance tax is a UK-wide tax, so the same rules apply to Scottish estates as to those in England and Wales. The standard rate is 40%, charged only on the part of an estate above the available tax-free thresholds, with a reduced rate of 36% where at least 10% of the net estate passes to charity (gov.uk/inheritance-tax, as at August 2026, subject to change). The nil-rate band is £325,000 and the residence nil-rate band is up to £175,000; both, and the £2,000,000 taper threshold, are frozen until 5 April 2031 (gov.uk/inheritance-tax, as at August 2026, subject to change). Where inheritance tax is due, HMRC reporting is generally completed before confirmation is granted. Our guide to inheritance tax explains the allowances and reliefs in more detail.
Frequently asked questions
What is a grant of confirmation in Scotland?
A grant of confirmation is the court document that gives an executor legal authority to administer the estate of someone who died domiciled in Scotland. It is issued by the sheriff court acting as the commissary court, and it is Scotland's equivalent of a grant of probate in England and Wales.
Is confirmation the same as probate?
It serves the same purpose but is a separate system. Probate and letters of administration are used in England and Wales; confirmation is used in Scotland. The forms, courts and terminology differ, and Scots succession law itself differs in substance, including legal rights for a spouse and children.
How much does a grant of confirmation cost in Scotland?
The sheriff court fee depends on estate value. As at August 2026, estates not exceeding £50,000 pay no fee, estates from £50,000.01 to £250,000 pay £351, and estates over £250,000 pay £705, per the Scottish Courts and Tribunals Service, subject to change. Certified copies and any solicitor's charges are additional.
What counts as a small estate in Scotland?
A small estate is one where the total value of the deceased's money and property is £36,000 or less, according to the Scottish Courts and Tribunals Service, as at August 2026 and subject to change. Small estates use a simplified procedure in which court staff can help prepare the inventory, and there is no statutory court fee for issuing the confirmation.
Do you always need confirmation in Scotland?
Not always. Some asset holders release small balances without confirmation under their own internal limits, which vary between institutions. Where the whole estate is small and held only in that way, confirmation may not be required. Property and larger holdings almost always need it, so it is worth checking with each asset holder first.
Which form do you use to apply for confirmation?
The main application is Form C1, the Inventory of Estate, which lists everything the deceased owned that requires confirmation, valued as at the date of death. It is submitted to the commissary department of the sheriff court for the area where the deceased lived, per mygov.scot, as at August 2026 and subject to change.