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.
Read the guideThe short answer
In Scotland, the procurator fiscal investigates all sudden, suspicious, accidental and unexplained deaths. A doctor cannot issue a death certificate for these deaths until the fiscal agrees. Often the fiscal simply agrees that the doctor can issue the certificate. If not, there may be a post mortem, which can delay the registration and funeral by days or weeks. Most investigations find the death was from natural causes. For our areas, the Scottish Fatalities Investigation Unit SFIU West deals with families.
The procurator fiscal is a prosecutor who works for the Crown Office and Procurator Fiscal Service (COPFS), on behalf of the Lord Advocate. As well as prosecuting crime, the fiscal is responsible for investigating deaths that need further enquiry. This is Scotland's equivalent of the coroner system in England and Wales, but it works quite differently.
Why a death is reported
COPFS investigates deaths that fall into these broad groups:
- Sudden deaths. A death the doctor did not clinically expect, even if the cause is known.
- Unexplained deaths. A death where the cause is not known or not clear to the doctor.
- Accidental deaths. For example, after a fall, a road crash or an accident at work.
- Suspicious deaths. Any death where the circumstances suggest a crime may have caused it.
A death may be reported by a doctor, the police or a registrar. Some deaths have to be reported by the police, which does not in itself mean the death is suspicious. Specialist COPFS teams deal with particular types of death, including road traffic deaths, deaths linked to health and safety at work, and deaths in custody.
What happens next
- The fiscal discusses the death with the doctor. In many cases, they agree that the doctor can issue a death certificate and nothing more needs to be investigated.
- If not, the fiscal investigates. They may ask the police to make enquiries, and may ask the person's GP, the hospital or care home staff and the family for information.
- A relative may be asked to identify the person. This can be upsetting, but it is sometimes needed before a post mortem.
- A post mortem may be carried out. The fiscal does not need the family's consent. Tell them as early as possible about any religious or cultural wishes.
- A death certificate is issued. Once the cause of death is established, a pathologist or doctor issues the certificate, sometimes as an interim certificate while tests continue, and the death can be registered.
- The final cause is confirmed. In many cases, the final cause of death is known within 12 weeks. If further tests change the cause, a new certificate is provided.
How it affects registration and the funeral
| Stage | What to expect | Typical timing |
|---|---|---|
| The fiscal agrees a certificate can be issued | The doctor issues the certificate and registration goes ahead in the usual way | Often within days |
| A post mortem is needed | Registration and the funeral wait until a death certificate, or an interim certificate, is issued | Often a few days, sometimes longer |
| Further tests are needed | The funeral can usually go ahead with an interim certificate; the final cause of death follows later | Often around 12 weeks for the final cause |
| Complex investigation, including a possible Fatal Accident Inquiry | The investigation can take many months, and the fiscal keeps the family updated | Months or longer |
It may not be possible to register the death within the usual 8 days while the fiscal is investigating, and the registrar will explain what to do. Our guide on how to register a death covers the local arrangements, and our guide to funeral costs explains how the funeral is paid for.
Contacting the procurator fiscal about a death in our areas
Death investigations are handled by the Scottish Fatalities Investigation Unit (SFIU), which has three hubs. SFIU West covers the Glasgow and Strathkelvin, North and South Strathclyde, and Dumfries and Galloway sheriffdoms, which include all the areas we cover.
| Hub | Areas and details | Phone |
|---|---|---|
| SFIU West | Glasgow, Renfrewshire, East Renfrewshire, Lanarkshire, and Dumfries and Galloway, among others. Email SFIUWest@copfs.gov.uk. Open Monday to Thursday, 9am to 5pm, and Friday, 9am to 4.30pm, with an answering machine at other times | 0300 020 1798 |
When you contact the hub, have your name and phone number, the name and date of birth of the person who died, and if you know them, the date and place of death and the PF reference number. The COPFS Victim Information and Advice service can also support families during an investigation.
If you are dealing with a death in our areas, our local pages cover the other first steps: Glasgow, Paisley, Renfrew, Barrhead, Hamilton, East Kilbride, Motherwell and Dumfries.
Getting belongings back and the post mortem report
- Belongings. Items that are not needed for the investigation are returned when you ask for them. Items that are needed are kept until the investigation closes.
- The post mortem report. In most cases, the nearest relative can ask for a copy of the final post mortem report once it has been reviewed. In some investigations, such as drug related deaths, it cannot be shared until the investigation has closed. You can ask for it to be sent to your GP instead, to go through it with them.
What it means for the estate
- The executor can usually start once the death is registered. They can find the will, list the assets and debts, and apply for Confirmation. See our executor's checklist.
- Possible claims. If the death followed an accident at work, a road crash, or possible medical negligence, the family or estate may have a claim for compensation. COPFS does not give advice on claims, and recommends instructing a solicitor straight away rather than waiting for the investigation to end, because time limits keep running. Our guide to time limits after a death explains why dates matter.
- Life insurance. Some insurers wait for the final cause of death before paying out. Tell them about the investigation early.
- No known relatives. If the person appears to have no relatives, the fiscal can try to trace family, and passes information to the King's and Lord Treasurer's Remembrancer, who deals with estates of people with no traceable relatives.
How we can help
You do not need a solicitor to deal with the procurator fiscal's investigation. But we can deal with the estate while it continues, keep in touch with insurers and banks, and apply for Confirmation once the death is registered. If a claim may be needed, we can point you to specialist help early. Your first appointment is free.
Frequently asked questions
Why would a death be reported to the procurator fiscal?
In Scotland, the procurator fiscal investigates all sudden, suspicious, accidental and unexplained deaths. A doctor, the police or a registrar may report a death, for example because it was unexpected, the cause is not clear, or it followed an accident. It does not necessarily mean that anything is wrong, and most investigations find that the death was from natural causes.
Does the procurator fiscal need consent for a post mortem?
No. The procurator fiscal does not need the consent of the next of kin to order a post mortem examination. If you have religious or cultural objections, tell the procurator fiscal as soon as possible. They will respect your wishes where they can, but may still need a post mortem for legal reasons.
How long does a procurator fiscal investigation take?
It varies. Often the procurator fiscal agrees with the doctor that a death certificate can be issued without further investigation. Where there is a post mortem, many investigations close around 12 weeks after the final post mortem report is received. More complicated cases, and deaths of children, can take much longer.
Can we have the funeral while the procurator fiscal is investigating?
The funeral can take place once a cause of death has been established and a death certificate issued. Sometimes an interim death certificate is issued so the funeral can go ahead while further tests are carried out.
Can the estate be dealt with while the procurator fiscal is investigating?
Usually, yes, once the death has been registered. The executor can find the will, list the assets and debts and apply for Confirmation. If the cause of death could lead to a claim, for example after an accident at work or a road crash, take legal advice early, as time limits for claims keep running during the investigation.
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.
