Take it one step at a time.
What confirmation is, and who asks for it
Confirmation is a legal document from the court. It gives the executor or executors authority to collect any money or other property belonging to the person who died from whoever holds it, and to administer and distribute it according to law. The application is lodged with the sheriff court. You may have been told you need it before money or property can be released; it is often a bank, building society or insurance company that asks. It is only the part of the process the court is involved in.
The inventory: a list of everything the person owned at death
When applying for confirmation, an executor must provide a list of all the property of the person who died, at the time of death. The list is called an inventory and might include money, houses, land and shares. Confirmation is possible only if the inventory includes at least one item of money or other property in Scotland. For a small estate you complete the C1 form; for deaths on or after 1 January 2022, the second form that used to accompany it no longer requires to be completed.
Small estate or large estate: add up the total first
There are two types of confirmation, small and large, and the procedure, forms and fees are different for each. A small estate is one where the total value of the person's money and property is £36,000 or less; a large estate is anything above that. In working out the total, you should not deduct any debts the person owed, such as funeral expenses, gas or electricity bills or the balance of a mortgage. The values of bank accounts and similar must also include interest to the date of death.
A small estate: the sheriff clerk can help you prepare the inventory
If the estate is a small estate, the sheriff clerk will be able to help you prepare the inventory. Contact the sheriff clerk's office in the area where the person last lived to make an appointment; if that is not convenient, you can ask your local sheriff clerk instead, even if the person lived in an area covered by a different sheriff court. Before the appointment, it would be helpful to complete the court service's small estate checklist, which helps you remember what to bring to court.
A large estate: legal advice is recommended; the court service cannot assist
If the estate is a large estate, the Scottish Courts and Tribunals Service recommends seeking legal advice. It is prohibited from assisting applicants for confirmation to large estates, and its staff are not legally qualified, so they cannot provide you with any legal advice. The Law Society of Scotland can provide contact details for solicitors in your area. The forms and guidance notes for a large estate are on the HM Revenue and Customs website. Court fees do not include any fees you may need to pay a solicitor.
If there is no will: the bond of caution, and the dative petition
The procedure also depends on whether there is a will. If not, you may have to get a bond of caution (a form of insurance) before you apply. Where the estate is under the £36,000 limit and the sheriff clerk's office assists in preparing the inventory, you will not need one. If a solicitor prepares the inventory, you will need one before confirmation can be issued. For a large estate with no will, there is an additional step: applying to be appointed executor, using the dative petition procedure.
What it costs: the court fee depends on the estate's value
The court fee for receiving and examining the inventory depends on the value of the estate. Where the value does not exceed £50,000, there is no fee. Where it is above £50,000 and up to £250,000, the fee is £351. Where it exceeds £250,000, the fee is £705. A dative petition costs £23. The fee line is not the small-estate line: an estate above £36,000 but not above £50,000 is a large estate for procedure, yet pays no inventory fee. Certificates, copies and certified extracts carry their own fees.
- Scottish Courts and Tribunals Service: Guide to dealing with a deceased's estate in Scotland
- Scottish Courts and Tribunals Service: Small estates
- Scottish Courts and Tribunals Service: Sheriff Court fees, as payable from 1 April 2026
- legislation.gov.uk: The Confirmation to Small Estates (Scotland) Order 2011
A short checklist for this step.
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- Note which bank, building society or insurance company has asked for confirmation
- List all the person's money and property at the time of death: this is the inventory
- Add up the total without deducting any debts, and include interest to the date of death
- Check whether the total is £36,000 or less (a small estate) or above it (a large estate)
- For a small estate, contact the sheriff clerk's office to make an appointment
- For a large estate, ask the Law Society of Scotland for contact details for solicitors in your area
- Check whether there is a will; if there is not, ask the sheriff clerk about a bond of caution
- Work out how many certificates of confirmation you need for the different banks and insurance companies
- Check which inventory fee band the estate's value falls in
Prefer an independent adviser? The Law Society, STEP and the Chartered Institute of Taxation keep public directories, and none of them pays Valoren a referral fee.
Answered, plainly.
The Family Handover Kit is a set of prepared pages where a household writes down who to call, where things are kept and what the people who step in will need, for the day someone has to work through a list like this one.
The Family Handover Kit for ScotlandInformational, not legal or financial advice. This guide covers Scotland; England, Wales and Northern Ireland differ. Always confirm current rules at mygov.scot before acting.