What Is Confirmation – and Why Is It Needed in a Scottish Estate?

When someone dies in Scotland, their estate (everything they owned either in their own name or jointly with a third party) needs to be dealt with properly and lawfully. One of the key legal steps in this process is obtaining Confirmation (this is called Probate in England).

If you have been named as an executor, or you are helping a family member with an estate, the term “Confirmation” can sound daunting. In reality, it is simply the legal authority that allows an executor to deal with the deceased’s assets.

This article explains what Confirmation is, when it is required, and why it matters, in clear and straightforward terms.

What Is Confirmation?

Confirmation is a legal document issued by the Sheriff Court in Scotland.

It formally confirms:

• who the executor is, and
• what assets form part of the deceased’s estate.

Once Confirmation is granted, the executor has the authority to collect in assets, close accounts, sell property, and distribute the estate in line with the Will or the rules of intestacy.

Without Confirmation, many organisations will not release funds or transfer assets. In particular any heritable property cannot be sold until Confirmation has been granted.

Why Is Confirmation Needed?

Confirmation is required because it provides proof of legal authority. In practice, it allows executors to deal with the estate in the following ways:

• Accessing bank and building society accounts
  Financial institutions usually require Confirmation before releasing funds above a certain value. This protects them and ensures the money goes to the correct person.
• Selling or transferring property
  If the deceased owned heritable property (such as a house or flat) in their sole name, Confirmation will be required before it can be sold or transferred.
• Dealing with shares and investments
  Share registrars and investment providers almost always require Confirmation before assets can be sold or transferred.
• Paying debts and distributing the estate
  Confirmation allows the executor to settle outstanding liabilities and distribute the remaining estate lawfully.

When Is Confirmation Required?

Confirmation is commonly required when:

• the estate includes property in the deceased’s sole name, or
• the total value of assets held by banks or other institutions exceeds their internal release thresholds.

Each organisation sets its own limits, which means Confirmation may be required even for relatively modest estates.

When Might Confirmation Not Be Needed?

In some cases, Confirmation may not be required at all. For example:

• Low-value estates
  If the estate consists only of small bank balances and personal belongings, institutions may release funds without Confirmation.
• Jointly owned assets
  Assets held in joint names (such as a joint bank account or a house owned jointly where there is a survivorship destination in the title) often pass automatically to the surviving owner. However, any value held in any jointly held bank accounts and/or property still form part of the estate for Confirmation purposes and must be included in any application to the Court.
• Life policies and pensions
  These may pass directly to a named beneficiary and may not require Confirmation, depending on how they were set up.

Even where Confirmation is not required, the executor still has duties and responsibilities, so it is important to check carefully.

How Do You Apply for Confirmation?

Applying for Confirmation involves submitting paperwork to the Sheriff Court. In simple terms, the process includes:

• Identifying the executor
  The executor is usually named in the Will. If there is no Will, the person(s) entitled to be appointed as executor can apply to the court to be appointed as executor. An executor is appointed by the court following an application made by a Solicitor.
• Valuing the estate
  All assets, including jointly held assets, and debts must be identified and valued as at the date of death.
• Preparing the inventory
  An inventory lists all estate assets and their values and forms part of the application.
• Submitting the application to court
  The application is lodged with the Sheriff Court along with the appropriate court fee.

Once approved, the court issues the Confirmation document.

Common Mistakes Executors Make

Executors often make avoidable mistakes, including:

• Assuming Confirmation is not needed
  Many executors only discover Confirmation is required when a bank or investment provider refuses to release funds.
• Incorrect valuations
  Assets must be valued accurately at the date of death. Errors can cause delays or tax issues.
• Missing assets
  Failing to identify all assets can lead to further applications later, increasing cost and stress.
• Distributing the estate too early
  Executors should not distribute funds until they are sure all debts, taxes, and claims have been dealt with. Creditors have six months to inform executors of any debts and an estate cannot be distributed within this time period.

Frequently Asked Questions

How long does Confirmation take?

Timescales vary, but once the application is lodged correctly, Confirmation is often issued within several weeks depending on the court where this is lodged. Delays commonly arise where information is missing or valuations are unclear.

Do I need a solicitor to apply for Confirmation?

Not always. Some straightforward estates can be dealt with without legal help. However, professional advice can be invaluable where the estate is complex, taxable, or involves property.

Is Confirmation the same as Probate?

No. Probate is the term used in England and Wales. In Scotland, the equivalent process is called Confirmation and follows different rules.

How We Can Help

Dealing with an estate can feel overwhelming, particularly if you are acting as an executor for the first time or are grieving a loss. We are experienced in advising clients on all aspects of Scottish executries and Confirmation.

We can help by:

• Advising whether Confirmation is required
  We will review the estate and the assets involved and give clear advice on whether Confirmation is needed, helping you avoid unnecessary delays or costs.
• Preparing and submitting the Confirmation application
  We can deal with the paperwork, valuations, and court application on your behalf, ensuring everything is completed accurately and efficiently.
• Assisting with estate valuations
  We can guide you on how assets should be valued and liaise with banks, investment providers, and surveyors where required.
• Handling complex or taxable estates
  Where an estate involves property, inheritance tax, or more complicated family circumstances, we can provide practical, tailored advice.
• Supporting executors throughout the process
  We can assist with collecting in assets, paying debts, and distributing the estate, giving you peace of mind that your duties are being carried out correctly.

Final Thoughts

Confirmation is a key part of administering a Scottish estate. While the process can seem technical, its purpose is simple: to ensure the right person has the legal authority to deal with the deceased’s assets properly.

If you are unsure whether Confirmation is needed, or if you are acting as an executor for the first time, taking early advice can help avoid delays, mistakes, and unnecessary stress.

If you are unsure where to start or would like support at any stage of the executry process, we are happy to help and offer clear, straightforward advice.  Please contact our experienced Private Client Team on 01324 622 888 or contact help@randa-fa.co.uk and we would be delighted to assist.