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Home » Family, wills and legal matters » Apply for probate (confirmation in Scotland)
Apply for probate (confirmation in Scotland)
Probate is the legal right to deal with the money, property and possessions (the 'estate') of someone who has died. Scotland calls it 'confirmation' and Northern Ireland has its own Probate Office, so check the rules for the nation where the person lived.
Official links
Show links for:
| Official source | Applies to |
|---|---|
| GOV.UK: applying for probate www.gov.uk/applying-for-probate | England, Wales |
| mygov.scot: being the executor of a will www.mygov.scot/executor-will | Scotland |
| Scottish Courts: dealing with a deceased's estate (confirmation) www.scotcourts.gov.uk/taking-action/dealing-with-a-deceaseds-estate-in-scotland/ | Scotland |
| nidirect: probate www.nidirect.gov.uk/articles/probate | Northern Ireland |
Who handles it
Step by step
- Ask each bank and financial organisation the person used whether you need probate. It may not be needed for small savings or for things owned jointly that pass automatically to the other owner.
- Check who can apply: the executors named in the will or, if there is no will, the closest relative (normally the husband, wife or civil partner, then children aged 18 or over).
- Estimate the value of the estate and check if Inheritance Tax is due. If it is, report it to HMRC (form IHT400) within one year and start paying before you apply.
- England and Wales: apply online or by post (form PA1P with a will, PA1A without). It usually takes up to 12 weeks.
- Scotland: the executor applies to the sheriff court for confirmation. Northern Ireland: apply to the Probate Office of the High Court.
What you need
- The original will and any codicils (photocopies are not accepted)
- A copy of the death certificate if the death happened outside England or Wales, or if you have an interim certificate from the coroner
- An estimate of the estate's value and the Inheritance Tax details or HMRC code, if tax is due
- Forms such as PA15 or PA11 if an executor gives up the right to apply or appoints someone else
Common mistakes
- Putting property on the market or making financial plans before probate is granted.
- Destroying older wills before probate is granted. If there is more than one, send the most recent and keep the others.
- Applying with the England and Wales service when the person lived in Scotland or Northern Ireland.