How long does an executor have to settle an estate in Scotland?
There is no fixed legal deadline, but there are milestones every executor should know, from applying for Confirmation to the six-month creditor period.
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42 guides
Executry guides for Scotland
Plain English answers to the questions families ask us most often when someone has died in Scotland. Written by executry solicitors, and based on Scots law, not the rules for England.
16 guides
Being an executor
What an executor does, how long it takes, the house, debts, and what to do if you do not want the job.
Can an executor sell a house before Confirmation in Scotland?
Marketing the house, when the sale can go through, survivorship destinations, insurance and council tax.
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Can an executor refuse to act or resign in Scotland?
Declining before you start, resigning later, the rules for a sole executor and the alternatives.
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Are you responsible for a parent's debts when they die in Scotland?
Who pays, the exceptions for joint debts and guarantors, and what happens if there is not enough money.
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How do you become an executor if there is no will in Scotland?
Who can apply, the petition to the sheriff court, the bond of caution, costs and timescales.
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What does an executor have to do in Scotland?
A step-by-step checklist from registering the death to the final accounts, with the key deadlines.
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Who is the next of kin when someone dies in Scotland?
What next of kin means, who arranges the funeral, and why the executor, not the next of kin, deals with the estate.
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Does a power of attorney end when someone dies in Scotland?
Why the attorney's authority stops at death, what to hand to the executor, and telling the Office of the Public Guardian.
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How do you register a death in Scotland?
Who can register, what you need, what it costs, and how it works in Glasgow, Renfrewshire, Lanarkshire and Dumfries and Galloway.
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What happens to a council tenancy when someone dies in Scotland?
Who can take over, the new six month rule, rent and arrears, ending the tenancy, and the landlords in our areas.
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Clearing a house after someone dies in Scotland
Who decides, what to keep, valuing the contents, empty home insurance, and council bulky uplift charges in our areas.
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What to do when someone dies in hospital or a care home in Scotland
The death certificate, belongings, care home fees, and the hospital bereavement services in our health board areas.
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What happens when a death is reported to the procurator fiscal?
Why deaths are reported, post mortems, the funeral and registration, SFIU West, and what it means for the estate.
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Bereavement support in Glasgow, Lanarkshire, Renfrewshire and Dumfries
Free helplines, NHS bereavement services, hospices and charities in each of our areas, and help for children.
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What can beneficiaries do if an executor is not doing their job?
What counts as a reasonable delay, what you are entitled to, the steps to take, and when the court can remove an executor.
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Do executors need to file a tax return for an estate in Scotland?
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.
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12 guides
Confirmation, costs and tax
Getting Confirmation, the Scottish equivalent of probate, how long it takes, what it costs, and inheritance tax.
How much does executry cost in Scotland?
Court fees, solicitor fees and the other costs of winding up an estate, explained in plain English, and who actually pays them.
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Do you need a solicitor to apply for Confirmation in Scotland?
What the sheriff clerk can do, when you can apply on your own, and the risks of going it alone.
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How much money can a bank release without Confirmation in Scotland?
The main banks' limits, joint accounts, paying the funeral, and when you still need Confirmation.
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Is Confirmation the same as probate?
How Scotland's Confirmation differs from probate, the terms used, fees, and estates that cross the border.
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How long does Confirmation take in Scotland?
Realistic timescales for each stage, why some courts are slower, and how to avoid delays.
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Inheritance tax on a Scottish estate: who pays and how much?
The allowances, gifts and the seven-year rule, pensions from April 2027, and paying the tax before Confirmation.
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Do you have to pay council tax on a deceased person's home in Scotland?
The exemption before and after Confirmation, how to apply, what happens next, and the rules in our local councils.
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Which sheriff court deals with Confirmation in Scotland?
How the right court is decided, with contact details for Glasgow, Paisley, Hamilton, Airdrie, Lanark, Dumfries and Stranraer.
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How much does a funeral cost in Scotland, and who pays?
Paying from the estate, 2026/27 burial and cremation fees in our areas, the Funeral Support Payment and what happens if nobody can pay.
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Selling an inherited house in Scotland: Home Report, timing and tax
Selling or transferring, the Home Report, capital gains tax and the 60 day rule, ADS, and July 2026 prices in our areas.
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What happens to pensions and benefits when someone dies in Scotland?
State Pension and benefit overpayments, pension lump sums outside the estate, the 2027 inheritance tax change and Bereavement Support Payment.
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How do you value an estate for Confirmation in Scotland?
Valuing the house, bank accounts, shares, pensions and contents, joint assets and the Scottish £4,000 rule, and fixing a wrong value.
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14 guides
Wills and who inherits
Finding a will, dying without one, legal rights, unmarried partners, challenging a will and changing who inherits.
What happens if someone dies without a will in Scotland?
Who inherits, who can act as executor, and what a surviving spouse, civil partner, children or cohabitant are entitled to under Scots law.
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Can you disinherit a child in Scotland?
Legal rights mean children and a spouse can claim part of the estate whatever the will says. What they are worth and how they work.
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How do you find out if someone left a will in Scotland?
Where to look, how to search the Books of Council and Session, and what to do if you only find a copy.
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What is a deed of variation in Scotland, and when should you use one?
Changing who inherits within two years, the tax rules, who must sign and the pitfalls to avoid.
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Can you contest a will in Scotland?
The grounds for challenging a will, who can do it, time limits, and why legal rights are often simpler.
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What can an unmarried partner claim if someone dies without a will in Scotland?
The section 29 court claim, the six-month time limit, what the court can award, and what passes outside the estate.
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Who is entitled to see a will after someone dies in Scotland?
Who can see the will before and after Confirmation, where to get a copy, and what to do if the executor will not share it.
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How long do you have to make a claim against an estate in Scotland?
Every deadline in one table: creditors, legal rights, unmarried partners, challenging a will and claims against executors.
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Does a jointly owned house go to the other owner when someone dies in Scotland?
Survivorship destinations explained: how to check your title, what happens without one, divorce, cohabitants and tax.
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What does a husband, wife or civil partner inherit in Scotland?
Prior rights, legal rights, what happens with and without a will, separation and divorce, with worked examples.
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What happens to a joint bank account when someone dies in Scotland?
Why the money does not automatically belong to the survivor in Scotland, who owns it, and what the executor must do.
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What happens if someone dies with no relatives in Scotland?
Ultimus haeres, the National Ultimus Haeres Unit in Hamilton, claiming from the KLTR, heir hunters and missing beneficiaries.
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Gifts before death: the seven-year rule in Scotland explained
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.
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Inheriting a farm or family business in Scotland
The £2.5 million relief allowance from April 2026, paying tax over 10 years interest-free, legal rights, partnerships and tenancies.
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Talk to us today
Cannot find the answer you need?
Call us on 0141 471 9166 and tell us a little about the estate. One of our executry solicitors will talk you through the next steps. Your first appointment is free and there is no obligation.
If you can, have the death certificate, the will and any recent bank or pension statements to hand. If you do not have them yet, that is fine. Finding them is part of what we do. Our guides explain what a husband, wife or civil partner inherits and what happens to a joint bank account.
- Phone 0141 471 9166
- Office 34 Woodlands Road, Glasgow G3 6UR
- Hours Monday and Friday 9am to 5pm, Tuesday to Thursday 8am to 6pm
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.