A grant of confirmation in Scotland is the court document that gives an executor legal authority to deal with a deceased person's estate. It is the Scottish equivalent of a grant of probate in England and Wales, issued by the commissary department of the local sheriff court once the estate has been valued and any inheritance tax has been dealt with.
Most guides explain confirmation as though you live in Scotland. This one is written for families in England and Wales, and it covers what others skip: whether a Scottish confirmation can collect assets south of the border, and whether an English grant works in Scotland. Figures are current as at August 2026 and are subject to change.
What is a grant of confirmation?
Confirmation is the legal process that proves a will, where there is one, and confirms an executor's authority to gather in and distribute a deceased person's assets. The term is unique to Scots law; elsewhere in the UK the same job is done by a grant of probate or letters of administration.
The applicant is either an executor-nominate, named in the will, or an executor-dative, appointed by the court when there is no will or no named executor. The application goes to the commissary department of the sheriff court for the area where the deceased lived. Once granted, the confirmation lists the estate and lets the executor release funds, sell property and settle debts.
How does confirmation differ from probate in England and Wales?
Confirmation and probate do the same job, giving an executor legal authority, but the Scottish and English systems differ on the court used, the number and age of executors, and the security an intestate estate must provide. The table below sets out the main points.
| Feature | Confirmation (Scotland) | Probate (England & Wales) |
|---|---|---|
| Issuing court | Commissary department of the local sheriff court | HM Courts & Tribunals Service (Probate Registry) |
| Minimum executor age | 16 | 18 |
| Number of executors | No minimum or maximum | Maximum of four to a single asset |
| Security if intestate | Bond of caution usually required | Not required |
| Simplified route | Small estate procedure up to £36,000 | Excepted estate rules; no fee below £5,000 |
Sources: Scots law and Administration of Estates Act 1971 provisions, as at August 2026, subject to change. See our guide to probate in England and Wales for the equivalent process here.
When is confirmation needed in Scotland?
Confirmation is usually needed when the deceased held assets in their sole name, such as bank accounts, investments or property. It is often not needed where everything passed automatically to a survivor, though banks set their own limits.
- Usually needed: a property owned solely by the deceased, or bank and investment holdings above the provider's own limit.
- Small estate route: where the net moveable estate is £36,000 or less, the sheriff clerk's office can help prepare the paperwork under the simplified procedure.
- Often not needed: assets held in joint names that pass to the survivor automatically, such as a joint bank account or a home owned with a survivorship clause.
How do you get a grant of confirmation?
Getting confirmation follows a set order. You value the estate, deal with any inheritance tax, complete the inventory on form C1, arrange a bond of caution if there is no will, then submit everything to the commissary department of the sheriff court. The steps below set out the standard route for a larger estate, from valuation through to collecting in the assets.
- Value the estate. List everything the person owned and owed at the date of death, including property, accounts, investments and personal items, to reach a net figure.
- Deal with inheritance tax. Where the estate is taxable, complete form IHT400 and arrange payment. Inheritance tax is charged at 40% above the available thresholds (gov.uk/inheritance-tax, as at August 2026, subject to change). See our inheritance tax guide for the allowances.
- Complete the inventory (form C1). Form C1 lists the estate and the people entitled to it. It is the core document the court works from.
- Arrange a bond of caution if needed. Where there is no will, an executor-dative usually has to obtain a bond of caution before the court will grant confirmation.
- Submit to the sheriff court. Send the C1, any tax paperwork and the death certificate to the commissary department. There is no court fee where the estate is £50,000 or less; a flat fee applies above that (Scottish Courts and Tribunals Service, as at August 2026, subject to change).
- Receive confirmation and collect the assets. Once granted, the executor uses it to release funds, settle debts and distribute the estate.
What is a bond of caution, and when is it required?
A bond of caution is an insurance-backed guarantee that protects the estate if an executor administers it wrongly. It is usually required when someone dies without a will and an executor-dative applies, and it has no direct equivalent in England and Wales.
The bond is arranged through an insurer before confirmation is granted, and it adds cost and time to an intestate application. Making a valid will and naming an executor in it is the simplest way to avoid the requirement. Our guide on how to write a will explains why this matters.
Can a Scottish confirmation be used to deal with assets in England and Wales?
Yes, in most cases, and without resealing. If the person who died was domiciled in Scotland and left assets in England or Wales, a confirmation that notes Scottish domicile is treated here as if it were a grant of probate, under section 1 of the Administration of Estates Act 1971 (legislation.gov.uk, subject to change).
The recognition runs both ways. Under the same Act, an English or Welsh grant of probate is accepted in Scotland, so a Scottish bank or registrar should release assets on an English grant without a separate confirmation. This is the point most consumer guides miss, and it saves families a second application when an estate straddles the border.
One narrow exception applies. A Scottish confirmation cannot form part of a chain of representation in England and Wales, so if the executor dies mid-administration, a fresh grant may be needed here. Where an estate spans both countries, it can help to take advice on each side.
Frequently asked questions
Is confirmation the same as probate?
Confirmation and probate do the same job: they give an executor legal authority to deal with a deceased person's estate. Confirmation is the term used in Scotland, while probate is used in England and Wales. The processes and paperwork differ, but the purpose is the same.
How long does confirmation take in Scotland?
The court stage often takes a few weeks once the inventory and any tax are dealt with, but the full estate can take several months. Simple estates may complete in around three to four months, while those involving property or a bond of caution usually take longer. Timescales vary with each estate and court workload.
Do you always need confirmation in Scotland?
Not always. Assets held in joint names may pass to the survivor without confirmation, and some banks release small balances without it. Where the net moveable estate is £36,000 or less, the simplified small estate procedure can be used instead of a full application. A sole property normally requires confirmation regardless of value.
Do I need to reseal a Scottish confirmation to use it in England?
No, in most cases. Under section 1 of the Administration of Estates Act 1971, a confirmation that notes Scottish domicile is treated in England and Wales as if it were a grant of probate, without resealing. An English grant is likewise recognised in Scotland under the same Act, so a second application is often unnecessary.