Executry Services in Scotland
The executry process in Scotland, also known as probate, involves settling someone's affairs after they pass away. This includes selling or transferring their assets, paying off debts, and distributing the remaining estate to the rightful heirs. We provide executry services to clients throughout Scotland.
Services
Family Tree Verification
An essential best practice service to check all heirs are accounted for to ensure correct distribution.
Office of Public Guardian Research Services
We aim to provide efficient and reliable support those holding guardianship orders.
Insurances with Aviva
Obtain missing beneficiary insurance, a comfort policy or missing Will cover via Aviva to provide peace of mind and enable a safer distribution of funds.
How does the executry process work in Scotland?
When managing the affairs of a deceased person, the executry process, also known as probate or estate administration, might be necessary. This process involves obtaining a legal document called "confirmation" to sell or transfer certain assets, such as the deceased's home, money, and personal belongings. The confirmation document is essential to the executry process in Scotland. The application for confirmation and the executry process itself can vary based on the estate's size and whether the deceased left a will.
What if there is no will?
If the deceased did not leave a will, you may need to obtain a 'bond of caution' before applying for confirmation. This bond ensures the estate is properly managed for the benefit of creditors and beneficiaries. For large estates without a will, in addition to the bond of caution, someone must formally apply to be appointed as the executor before any action can be taken. If the deceased left a legally valid will under Scottish law, the process is more straightforward. The named executor in the will can apply for confirmation as described below.
Applying for confirmation
If you are responsible for managing the deceased's property and assets and confirmation is required, you must apply to the Sheriff Court. This involves completing various forms detailing the estate's contents, its value, and any Inheritance Tax liability. The forms differ for small and large estates. Once confirmation is obtained, it grants the named person the legal authority to administer the deceased's estate. This includes selling or transferring assets, settling debts, and distributing the estate according to inheritance laws and the will's terms (if applicable). The executry process involves significant legal and administrative tasks, and the responsible person can be held personally liable by the court for any errors. If you have any doubts, it is crucial to seek professional legal advice.