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.
Read the guideThe short answer
First, check whether the delay is reasonable: executors are advised not to pay out until at least six months after the death, and houses, tax and disputes add time. If it is not, ask for an update in writing, then ask for a statement of the estate or the executry accounts. If that fails, a solicitor's formal letter or mediation often unlocks things. As a last resort, a beneficiary can raise a court action to force payment or accounts, or ask the court to remove the executor.
An executor has a legal duty to gather in the estate, pay its debts and distribute what is left to the right people, carefully and within a reasonable time. Most delays have an innocent explanation: the executor is grieving, busy, overwhelmed, or waiting on a bank, a buyer or HMRC. But beneficiaries are entitled to know what is happening, and the law gives them ways to move a stalled estate forward.
Is the delay actually unreasonable?
Before taking action, it helps to know what a normal timetable looks like. Our guide on how long an executor has to settle an estate goes into detail.
| Situation | What is usually reasonable | Typical time |
|---|---|---|
| Simple estate, no house, no tax | Confirmation, collecting the money, paying debts, then paying out after the six month period | 6 to 12 months |
| Estate with a house to sell | Confirmation first, then the Home Report, marketing and the sale | 9 to 18 months |
| Inheritance tax, a business or farm, or assets abroad | Tax returns, valuations and HMRC clearance | 12 months or more |
| A dispute, missing beneficiary or claim | Resolving the problem before paying out | Longer, depending on the issue |
A delay becomes a problem when there is no progress and no explanation: letters go unanswered, Confirmation has not been applied for after many months, or money has been collected but is sitting unpaid long after the debts and tax are settled.
What beneficiaries are entitled to
- To be paid what they are due, within a reasonable time.
- To be kept reasonably informed about the progress of the estate.
- To see the executry accounts, if they share in the residue, before the final distribution. The accounts show everything collected, paid out and distributed.
- To an executor who acts in good faith, does not profit from the estate, and treats beneficiaries fairly.
A beneficiary with a fixed legacy, such as £5,000 or a particular item, has a narrower interest than the residuary beneficiaries, but is still entitled to be paid. If you are not sure whether you are a beneficiary at all, our guide on who can see a will explains how to find out.
Steps to take, in order
- Ask for an update in writing. A short, polite email or letter asking where things stand, whether Confirmation has been granted, and what the next steps and likely timescale are. Keep a copy.
- Ask for a statement of the estate. If you share in the residue, ask for a summary of the assets and debts, or a copy of the inventory lodged for Confirmation.
- Check who else is involved. If a solicitor is acting for the executor, you can write to the solicitor, although they act for the executor, not for you.
- Get a solicitor to write. A formal letter from your own solicitor, setting out what you are asking for and by when, often gets a response when informal requests have not.
- Consider mediation. Many estate disputes are family disputes. A trained mediator can help everyone agree a way forward without the cost and stress of court.
- Suggest a practical fix. An executor who is struggling may welcome the chance to appoint a solicitor to do the work, to bring in an additional executor, or to step down. Our guide on whether an executor can resign explains how this works.
- Go to court, as a last resort. See the options below.
Court options
| Action | What it does, and when it is used | Typical problem |
|---|---|---|
| Action for payment | Asks the court to order the executor to pay a legacy or share that is due. Used when the estate is ready to pay out but the executor will not | Unpaid share |
| Action of count, reckoning and payment | Asks the court to order the executor to produce proper accounts and pay what is due. Used when you cannot get accounts, or suspect money is missing | Missing accounts |
| Removal of the executor | Asks the court to remove the executor from office. Used when the executor is incapable, has disappeared, or their misconduct is harming the estate | Misconduct or incapacity |
| Appointment of a judicial factor | The court appoints an independent professional to run the estate. Used in serious deadlock or mismanagement, where no one else can act | Deadlock |
Court actions can be raised in the sheriff court, often the court for the area where the person who died was living, or in the Court of Session. For our areas, that usually means Glasgow, Paisley, Hamilton or Dumfries Sheriff Court. Our guide to which sheriff court deals with an estate lists them. Court action is slow and expensive, and the court can order the losing side to pay costs, so it is best kept for serious cases.
When can an executor be removed?
Removing an executor is a serious step, and courts do not do it lightly. Under section 23 of the Trusts (Scotland) Act 1921, the court can remove an executor who:
- is insane or incapable of acting because of physical or mental disability;
- has been continuously absent from the UK for at least six months; or
- has disappeared for at least six months.
The Court of Session has also been able to remove an executor for misconduct, for example where they refuse to act, where there is deadlock, or where a conflict of interest is harming the estate. The Trusts and Succession (Scotland) Act 2024 sets out wider grounds for removal, including where an executor is unfit, has neglected their duties or has acted inconsistently with their duties to the beneficiaries. Solicitors differ on how far these wider grounds can already be used, so take advice on the right route. Separately, since 26 June 2024, the court can remove an executor who has been prosecuted for, or convicted of, the murder or culpable homicide of the person who died.
If you think money has been misused
- Ask for the accounts and bank statements for the executry.
- Get legal advice quickly. An executor who takes estate money for themselves, or pays out wrongly, can be made personally liable to repay it.
- If a solicitor is the executor and you are unhappy with the service, complain to the firm, then to the Scottish Legal Complaints Commission. Where a solicitor has been dishonest, the Law Society of Scotland runs a Client Protection Fund.
- Mind the time limits. Claims against an estate and against executors are subject to prescription rules. See our guide on time limits for claims.
If there is no executor at all
If the person left no will, or the named executors have died or declined, nobody may have authority to deal with the estate. A beneficiary or close relative can apply to the sheriff court to be appointed as executor-dative. See our guide to becoming an executor when there is no will.
If you are the executor
If you are the executor and feeling pressure from beneficiaries, the best protection is communication: send regular updates, explain delays, and keep clear records. If the work is too much, you can instruct a solicitor to do it for you. Our executor's checklist sets out each stage.
How we can help
We can act for beneficiaries who want to find out what is happening with an estate, write to the executor, and advise on the next steps. We can also take over the work from an executor who is struggling, so that the estate is finished properly. Talk to our executry solicitors in Glasgow, Paisley, Renfrew, Barrhead, Hamilton, East Kilbride, Motherwell or Dumfries. Your first appointment is free.
Frequently asked questions
How long does an executor have to pay beneficiaries in Scotland?
There is no fixed deadline. Executors are expected to act within a reasonable time, and are generally advised not to pay out the estate until at least six months after the death, so that creditors can make claims. A straightforward estate is often finished within six to twelve months. Longer delays are common where there is a house to sell, inheritance tax or a dispute, but the executor should be able to explain them.
Is an executor obliged to give beneficiaries information?
An executor owes duties to the beneficiaries and should keep them reasonably informed about the progress of the estate. Residuary beneficiaries, who share what is left, are entitled to see the executry accounts before the estate is finally distributed. A beneficiary who receives only a fixed legacy has a more limited interest, but is still entitled to be paid within a reasonable time.
Can beneficiaries remove an executor in Scotland?
Beneficiaries cannot simply vote an executor out, but they can ask the court to remove one. The Trusts (Scotland) Act 1921 allows removal where an executor is incapable or has disappeared or been abroad for six months, and the Court of Session has a wider power to remove for misconduct. The Trusts and Succession (Scotland) Act 2024 sets out wider grounds, such as neglecting their duties, so take advice on which route applies.
Can an executor keep money from the estate for themselves?
No. An executor must not profit from the estate or mix its money with their own, unless the will allows something, such as payment for professional services. They can be repaid reasonable expenses. If an executor is also a beneficiary, they can receive their share, but only on the same basis as everyone else.
Who can I complain to if the executor is a solicitor?
Raise it with the firm first, using its complaints procedure. If you are not satisfied, you can take a complaint about the service to the Scottish Legal Complaints Commission, usually within a set time limit. Complaints about a solicitor's conduct may be passed to the Law Society of Scotland.
Need help with an estate?
Our executry solicitors can take the whole process off your hands, or answer a single question. Your first appointment is free.
This guide is general information about Scots law, correct at the date shown. It is not legal advice for your circumstances.
