Dealing with the loss of a family member or friend is always difficult but this can be made more distressing if you are also faced with winding up their estate and finalising their affairs. A brief overview of the steps involved in winding up a deceasedโ€™s estate is outlined below, but you should bear in mind that some of these steps will vary depending on the particular circumstances of the deceased (i.e. whether they left a Will, the value of their estate etc).ย 

  • Register the death: The death must be registered at a local registration office in Scotland within eight days. The Death Certificate will thereafter be issued to you and is vital for estate administration.ย 
  • Locate the will and identify executors: If there is no will, then there will need to be a discussion as to who is going to be appointed as Executor by the Courts and there are additional steps involved.ย ย 
  • Identify and value assets and debts: The executor should do their best to compile a list of assets (property, money, investments, personal belongings) and liabilities (mortgages, bills, funeral expenses) at the date of death.ย 
  • Pay Inheritance Tax:ย Only if applicable to the deceasedโ€™ estate.
  • Apply for Confirmation: Confirmation is the legal document issued by the Sheriff Court that grants the executor the authority to manage and distribute the estate.
  • Ingather the estate: Once Confirmation is received, the executor can collect the assets, such as releasing funds from bank accounts, selling property, or transferring investments.
  • Pay debts and taxes: Settle all outstanding debts, bills, and taxes using the estate’s funds. Creditors have a six-month window to make a claim and as such most estateโ€™s should not be finalised before this date.ย 
  • Distribute the remaining estate: Distribute the remaining assets to the beneficiaries in accordance with the will or the Scottish laws of intestacy (taking into account legal rights etc).
  • Prepare final accounts: The executor requires to provide a detailed account of all monies ingathered and paid out. If you have appointed a Solicitor they will do this on your behalf.ย 

Frequently Asked Questions

No Confirmation is not always required and will depend on the value and type of assets in the estate.

The process will vary depending on the size and complexity of the estate. It is advisable for an executor to not pay out an estate until 6 months has passed to allow any creditors to register their claims.

Probate is the English equivalent of Scottish Confirmation. English companies often refer to this document but they really mean Confirmation for Scottish Assets.

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