How long does it take to obtain Confirmation in an Estate in Scotland?

Obtaining Confirmation in an Estate in Scotland is the legal process which gives the executor the authority to manage and distribute a deceased person’s assets according to their wishes.
It’s not always necessary; in Scotland, it can be possible to transfer the assets without going through the formal confirmation process, if the estate is of a lower value.

Factors affecting how long it takes
There’s no set time frame for obtaining confirmation in an estate in Scotland as there are a number of factors that can influence the process. A reasonable estimate might be a minimum of twelve months, but it differs from estate to estate, and can take longer if there are complexities involved such as inheritance tax.
Firstly, the executor needs to gather all the necessary documents, such as death certificate, inventory of assets and liabilities, and the will (if there is one). This part might take some time depending on how quickly you can get all the required documents.
Things that can hold up the process also include the complexity of the estate, if there are any potential challenges to the will or disputes among beneficiaries, as well as on how efficient the executor and court system are.

The process of gaining confirmation
Before confirmation can be granted, the court will often require the executor to provide an inventory of the estate’s assets and liabilities. This is basically a comprehensive list of all the deceased person’s assets, including property, bank accounts, investments, and personal possessions, as well as any outstanding debts or liabilities. It is crucial to ensure that the inventory is accurate and complete to avoid any complications during the confirmation process. Before confirmation is obtained, the executor will often undertake various administrative tasks, such as notifying relevant institutions like banks and insurance companies about the death. If a solicitor is instructed they will write to all the appropriate banks and institutions, intimate the death and ensure accurate date of death balances are obtained.
Once you submit the application for confirmation to the Sheriff Court, they will review the documents. It’s normal for the court to take a few weeks to review the application and issue the Grant of Confirmation if everything is in order. This confirms the executor’s right to gather the deceased’s assets, pay any outstanding debts, and distribute the remaining estate to the beneficiaries. The confirmation document will then be issued to the various banks and institutions to enable the deceased’s assets to be released, any outstanding debts settled, and the estate distributed according to the terms of the will or intestacy rules if there is no valid will.

Executor’s responsibilities
The confirmation process in Scotland can be time-consuming. As an executor, you should be prepared to invest the time and effort to complete everything properly and fulfil your responsibilities.

It can be helpful to get advice from a solicitor or professional adviser who has experience with confirmation matters, especially if the estate proves to be complex or there are challenges to the will.