What is Scottish Probate or 'Confirmation'?

Terminology and General Information
 

• Estate - when someone passes away, all of their property, possessions and money make up their 'estate'.
• Executor(s) - if there is a Will, one or more people should have been nominated to be responsible for dealing with their estate. These people are called 'executors'.
• Executor-dative/administrator  - if there is no Will , then the next of kin becomes responsible. In Scotland, they will have to be appointed as ‘executor-dative’ by the local Sheriff Court. In England, Wales and Northern Ireland, they are known as an 'administrator'. 
• Personal representative - someone who performs the role of executor, administrator, or executor-dative is often referred to as the estate’s ‘personal representative’.

What is Probate?

The main responsibilities of a personal representative are to gather in all of the estate’s assets, pay off any debts, and then pass whatever is left to the people entitled to it. In order to do this, they sometimes need to prove to the asset holders (like banks) that they are the correct person to do this.

‘Grant of Probate’, or just ‘Probate’, is the commonly used term that refers to this ‘authority’, although there are more specific terms depending on the situation:

In Scotland, Probate is called ‘Confirmation'. This can be applied for by an executor or an executor-dative. This document gives the personal representative full authority to deal with the assets.

In England, Wales & Northern Ireland, a ‘Grant of Representation’ is obtained by an executor (named in a Will) by applying to a probate registry. If there is no Will, then ‘Letters of Administration’ are obtained which provide the same level of authority.

When is Probate required?

Probate is not always required to deal with the assets in an estate.

Banks have different thresholds of what they will release without the need for Probate. Some limits are zero, meaning they will insist on seeing Probate for any amount, and some will release as much as £50,000 without the need for Probate.

It is always worth checking with all the asset holders if they will require to see the Probate documents to release funds at the time of notifying them of the death.

If the estate has any land or property in it, then it is very likely Probate will be required to deal with these assets.

Not sure? Use our free online tool to check if you need probate.

Can I do Probate myself?

In the vast majority of cases, yes!

However, there are a few situations where it might be a good idea to seek legal advice. For example when: 

• someone is challenging the validity of the Will (this is usually only possible if there is a question over mental capacity or coercion)
• there are unusual or complicated tax arrangements
• the estate is very complex or has assets held in a trust
• spouses and/or children were left out of the Will deliberately
• you think the estate might be bankrupt/insolvent
• the deceased was not a resident in the UK for tax purpose

 
In Scotland, if the estate is worth more than £250,000 and there is no Will, you will need a solicitor to obtain confirmation on your behalf.

Find out more about if you need a solicitor for probate in Scotland

How much does Probate cost?

If you were to apply yourself, without any professional help, the application fees are as follows:

In Scotland, if the estate is worth £50,000.01 to £250,000 the application fee is £341. Under £50k is free and over £250k is £684. Plus an additional £8 for each certificate of confirmation - these are only needed for individual assets that you need a hard copy of Probate/Confirmation for.

In England & Wales, if the estate is worth over £5,000 it will cost £273 plus £1.50 per extra copy. It is free if the estate is worth less than £5,000. 

In Northern Ireland, if the estate is worth over £10,000 it costs £310 (plus £77 for personal applications). Under £10k is free. Extra copies cost £6.

How long does Probate take?

In Scotland, it should take 1-4 weeks after you apply. It can sometimes take longer if you are applying to Edinburgh or Glasgow Sheriff Courts, perhaps as long as 8-12 weeks.

In England & Wales, the target is 10 days but, in reality, it can take months.

In Northern Ireland, it is estimated to take 1-4 weeks.

How can I do Probate without a solicitor?

Not sure if you need probate? Check using our free online tool

Already sure you need probate? Find out how you should apply and get a free quote