when someone has died, we take the weight off your shoulders.
We guide executors and families through every part of the executry process, from applying for Confirmation to paying the last beneficiary. Clear legal advice, one point of contact and a fee estimate in writing before we start.
Executry is the Scottish name for winding up the estate of someone who has died. In England and Wales the process is called probate. In Scotland, the executor usually has to obtain Confirmation from the sheriff court before banks, pension providers and other organisations will release the deceased's assets.
Being appointed as the executor is a real responsibility. The executor must act in the best interests of the beneficiaries and is legally responsible for identifying every asset. They must also pay the debts and any inheritance tax, and distribute what is left to the right beneficiaries in the right shares. It usually comes at a time when you are grieving and have plenty else to deal with. Our executry team, regulated by the Law Society of Scotland, takes on as much or as little of that work as you need and keeps you informed throughout, with clear guidance at every stage.
Every person's estate is different. Some executors want us to handle the whole executry from start to finish. Others only need legal advice on one part of it. Choose the service that fits your situation, or call us and we will point you in the right direction.
We prepare the inventory of the estate, lodge the application with the sheriff court and obtain the certificate of Confirmation that lets you collect the deceased's assets.
Find out moreWhere the estate is worth £36,000 or less, a simpler small estate procedure applies. We can deal with it quickly so that funds are released without unnecessary cost.
Find out moreFor a large estate, or when you would rather not deal with it yourself, we administer the whole executry: valuations, debts, tax, accounts and final distribution.
Find out moreWhen someone dies without a will, a person has to apply to be appointed by the court as executor-dative. We handle the court application, the bond of caution and the intestacy rules.
Find out moreWe value the estate, work out whether inheritance tax is due, claim the reliefs and allowances available and complete the returns to HMRC.
Find out moreWe arrange valuations and deal with the sale of a house or flat in the estate, or transfer it to a beneficiary, with our conveyancing team on hand.
Find out moreA surviving spouse, civil partner or child may be entitled to legal rights from the estate, whatever the will says. We advise executors and family members on claims.
Find out moreBeneficiaries can sometimes redirect what they inherit, for example to family members, which may also reduce inheritance tax. We draft the legal document and explain the tax effect.
Find out moreIf you are dealing with the estate yourself, you can still get legal advice on a single query, a difficult asset or a duty you are unsure about, without handing over the whole executry.
Find out moreThe executry process in Scotland follows the same main stages for most estates. Here is how we take you through them.
Book a free appointmentWe meet you, in person or by phone, to find out who has died, whether the deceased left a will and who the executor is. We explain the process, what it will cost and what we need from you. Every client has one named contact from start to finish.
We write to banks, pension providers, insurers and HMRC to find every asset and debt, and arrange a valuation of any property. This gives us the total value of the deceased's estate.
We prepare the inventory of the estate and report the estate to HMRC. If inheritance tax is due, it usually has to be paid before Confirmation can be granted.
We apply for Confirmation to the sheriff court, paying the court fees from the estate. Where the court will appoint an executor-dative, we also arrange the bond of caution.
With Confirmation granted, we close accounts, collect funds, sell or transfer property, arrange for personal possessions to be passed on and pay the funeral account, debts and any creditor who comes forward. Where the Confirmation notes that the deceased was domiciled in Scotland, it can also be used for assets elsewhere in the UK.
We prepare executry accounts for approval, then distribute the estate to the beneficiaries. Each beneficiary receives a clear statement of what they are due and why, and the final settlement closes the executry.
There is no legal requirement to use a solicitor. For a small estate, the sheriff clerk can even help you complete the forms. But an executor can be held personally liable for mistakes made during the executry, such as paying out too early or missing a debt or a legal rights claim. Delays can also cost the estate money. Once you have instructed a solicitor, the solicitor acting for the executors deals with banks, HMRC and the court on your behalf, and only with your authority. You authorise the key decisions, and we do the work. Most executors choose to appoint a solicitor, particularly when:
The will normally names one or more executors, known as executors-nominate. They apply for Confirmation and then follow the instructions in the will. Even with a valid will, a surviving spouse, civil partner or children can claim legal rights from the deceased's moveable estate, such as money and shares, instead of what the will leaves them.
When a person dies without a will, Scottish law decides who inherits under the Succession (Scotland) Act 1964. Someone, usually the closest relative, must apply to the sheriff court to be appointed as executor-dative, and a bond of caution is usually required. A surviving spouse or civil partner has prior rights first, then legal rights, with the rest passing to relatives in a fixed order.
Prior rights of a surviving spouse or civil partner
Prior rights only apply where there is no will, or a will that does not deal with the whole estate. The figures above apply to deaths since 1 February 2012.
Our executry team works from our offices at 34 Woodlands Road in Glasgow's West End, 19 Bank Street in Dumfries, 29 Brandon Street in Hamilton and 2 Main Street in East Kilbride. Executry law is the same across Scotland, so we can act for executors wherever they live, meeting in person at our office or dealing with everything by phone and email.
Face to face appointments at our Woodlands Road office, close to Charing Cross and Kelvinbridge.
Glasgow executryExecutry help for families across Paisley and Renfrewshire, served from our Glasgow office.
Paisley executryOur local office on Main Street in The Village, serving East Kilbride and South Lanarkshire.
East Kilbride executryOur town centre office on Brandon Street, close to Hamilton Sheriff Court and the council offices.
Hamilton executryOur office on Bank Street in the town centre, serving Dumfries and the whole of Dumfries and Galloway.
Dumfries executryHelp for executors in Barrhead and East Renfrewshire, by phone or at our Glasgow office.
Barrhead executryHelp for executors in Motherwell and Wishaw, from our nearby Hamilton office or by phone.
Motherwell executryReviews left on Google by clients of our solicitors.
No two estates are the same, so the cost depends on the size of the estate, whether there is property to sell, whether inheritance tax is due and how many beneficiaries there are. Before any work starts, you receive a written estimate of our fees, so you know where you stand.
Please note that we do not provide legal aid.
Executry is the Scottish term for gathering in, managing and distributing the estate of someone who has died. The person who does this is the executor. In England and Wales the equivalent process is called probate.
No. An executor can deal with an estate personally, and for a small estate of £36,000 or less the sheriff clerk can help with the Confirmation forms. Most executors instruct a solicitor when there is property, inheritance tax, no will, a family disagreement or simply not enough time, because an executor can be personally liable for mistakes.
A straightforward estate often takes around six to twelve months. Estates with property to sell, inheritance tax to pay, beneficiaries abroad or a dispute usually take longer. Executors are generally advised not to pay out the estate until six months after the date of death, because creditors can still make claims during that period.
Fees depend on the size and complexity of the estate. You receive a written estimate before any work starts. Solicitor fees, court fees and other outlays are normally paid from the estate itself rather than by the executor personally.
No. Being named as executor in a will does not oblige you to act. You can decline, and another executor, or a person appointed by the court, can deal with the estate instead. An executor can also be a beneficiary of the same estate, which is very common.
We do not offer legal aid. Executry fees are normally met from the estate, so legal aid is rarely needed for this type of work.
The original will is often held by the solicitor who drafted it or kept with the deceased's personal papers. Some wills have been lodged for registration in the Books of Council and Session, kept by Registers of Scotland. Once Confirmation has been granted, a copy of the will and inventory becomes a public record held by the Scottish Courts and Tribunals Service.
Practical guides to the questions families ask us most often when someone has died in Scotland.
The £2.5 million relief allowance from April 2026, paying tax over 10 years interest-free, legal rights, partnerships and tenancies.
Read the guide
Tax-free gifts, the seven-year rule and taper relief, giving away a house, legal rights and why there is no seven-year rule for care fees.
Read the guide
The final tax return, income tax and the £500 rule, capital gains tax on a sale, the 60-day deadline and simple versus complex estates.
Read the guide
Ultimus haeres, the National Ultimus Haeres Unit in Hamilton, claiming from the KLTR, heir hunters and missing beneficiaries.
Read the guide
Why the money does not automatically belong to the survivor in Scotland, who owns it, and what the executor must do.
Read the guide
Prior rights, legal rights, what happens with and without a will, separation and divorce, with worked examples.
Read the guideCall us and tell us a little about the estate. We will explain the next steps and arrange a time that suits you. There is no obligation, and your first appointment is free.
What to have ready, if you can: the death certificate, the will if there is one, and any recent bank or pension statements. Do not worry if you do not have everything yet. Finding it is part of what we do.
The quickest way to reach us
0141 471 9166Call to book your free first appointment, at one of our offices or by phone.
Please note that legal aid is not available for this service.