Which sheriff court deals with Confirmation in Scotland?

Confirmation is the court document that gives an executor authority to collect in the estate of someone who has died. It is the Scottish equivalent of a grant of probate. The Scottish Courts and Tribunals Service describes the court's part as only one part of the process; the rest of the executry happens outside court. But the application has to go to the right court, and knowing which one saves time.

How the right court is decided

Scotland is split into sheriffdoms, and each sheriffdom into sheriff court districts. The districts follow council areas, but not always neatly: some council areas are split between two courts, and some courts cover more than one council area. The rule for Confirmation is simple. The application goes to the court for the district where the person who died was domiciled.

• Domicile is a legal idea meaning the place a person treats as their permanent home. For almost everyone who lived in Scotland, the court is the one for their last permanent home address.
• Where the executor lives does not matter. An executor in London, Aberdeen or abroad still applies to the court for the area where the person who died lived.
• Where the death happened does not matter either. Someone who lived in Paisley but died in a Glasgow hospital is dealt with by Paisley Sheriff Court.
• Care homes and moves. If the person had moved into a care home or was living with family in another area, check with the sheriff clerk or a solicitor which address applies before you apply.
• Domiciled outside Scotland, or domicile unknown. These estates are dealt with by HM Commissary Office, part of Edinburgh Sheriff Court. This can apply where someone lived in England but owned property in Scotland. Our guide on whether Confirmation is the same as probate explains the cross-border rules.

The courts for Glasgow, Renfrewshire, Lanarkshire and Dumfries and Galloway

These are the sheriff court districts for the areas where most of our clients live. They are based on the Sheriff Court Districts (Alteration of Boundaries) Order 1996, as later amended, and on the contact details published by the Scottish Courts and Tribunals Service.

District boundaries follow old council ward lines, so a few addresses near a boundary can be less obvious. If you are not sure, phone the sheriff clerk's office for the court you think is right and give them the full address. The sheriff clerk's offices at Glasgow, Paisley, Hamilton, Dumfries and Stranraer are all open on weekdays from 9am to 1pm and from 2pm to 4pm.

Glasgow Sheriff Court

Glasgow Sheriff Court, beside the Clyde in the Gorbals, is the only sheriff court in the Sheriffdom of Glasgow and Strathkelvin, in a building once described as the largest civil court facility in Europe. Its civil and commissary office is on the second floor, east side. It has a dedicated commissary email address and a phone option for estates of people who have died. Note that the civil office closes at 1pm on the third Thursday of every month.

Because Glasgow handles a very large number of applications, Confirmation can take longer there than at smaller courts. Our guide on how long Confirmation takes explains typical timescales. Our executry solicitors in Glasgow regularly lodge applications at Carlton Place.

Paisley Sheriff Court for Renfrewshire and East Renfrewshire

Paisley Sheriff Court has been in its St James Street building since 1885 and is a short walk from Paisley Gilmour Street station. Its district covers the whole of Renfrewshire and East Renfrewshire, so estates of people from Paisley, Renfrew and Barrhead all go there, even though Barrhead is in a different council area. Commissary work is handled by the civil department. The court closes at 1pm on the last Friday of every month.

Hamilton, Airdrie and Lanark for Lanarkshire

Lanarkshire is split between three sheriff court districts, which often causes confusion:

• Hamilton Sheriff Court covers most of South Lanarkshire, including Hamilton and East Kilbride, and the Motherwell, Wishaw and Bellshill part of North Lanarkshire. Estates of people from Motherwell therefore normally go to Hamilton, not Airdrie. Commissary work is dealt with at the civil and commissary office at Birnie House in Hamilton Business Park, not the main court building.
• Airdrie Sheriff Court covers the rest of North Lanarkshire, including Airdrie, Coatbridge and Cumbernauld.
• Lanark Sheriff Court covers the Clydesdale area of South Lanarkshire.
• Rutherglen and Cambuslang are in South Lanarkshire, but fall within the Glasgow sheriff court district.

Dumfries and Stranraer for Dumfries and Galloway

Dumfries and Galloway has two sheriff courts. Dumfries Sheriff Court, the red sandstone court house on Buccleuch Street, covers Dumfries and most of the region. The Kirkcudbright sheriff court district was merged into Dumfries on 30 November 2013, so estates from the Castle Douglas and Kirkcudbright areas also go to Dumfries. Stranraer Sheriff Court covers the western part of the region and carries out all commissary work there. Our executry solicitors in Dumfries can confirm which court applies.

What the court will and will not do

Court staff are not legally qualified and cannot give legal advice at any stage. Our guide on whether you need a solicitor to apply for Confirmation explains the options, and our guide to what a bank can release without Confirmation explains when you might not need it at all.

Other things the same court deals with

• Copies of wills and Confirmations. Once Confirmation has been granted, the will is recorded by the court, and copies can be requested for a fee. Records of Confirmations from 1 January 1987 onwards are held by the local court (or the Edinburgh Commissary Office); earlier records are held by the National Records of Scotland. Our guide on who can see a will has more.
• Checking whether Confirmation has been granted. The court for the district where the person was domiciled can tell you.
• Additional estate found later. If more assets turn up after Confirmation, the executor lodges a corrective inventory with the same court.

A claim by an unmarried partner under section 29 of the Family Law (Scotland) Act 2006 follows a different test: it goes to the Court of Session or the sheriff for the area where the person who died was habitually resident. See our guide on what an unmarried partner can claim.

How we can help

We prepare the inventory, deal with any inheritance tax forms, and lodge the application with the right sheriff court for you, wherever you live. We regularly deal with Glasgow, Paisley, Hamilton and Dumfries sheriff courts. If you are just starting out, our executor's checklist sets out every stage, and our guide on how to register a death covers the first step.

This guide is general information about Scots law, correct at the date shown. It is not legal advice for your circumstances.