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Confirmation
We prepare the inventory, value the estate and apply to Hamilton Sheriff Court, whether the estate is small or large.
Find out moreLocal office: 29 Brandon Street, Hamilton
Executry solicitors and wills lawyers in Hamilton, in the heart of the town centre
clear, calm help with an estate.
When someone close to you dies, our executry solicitors in Hamilton take care of the estate for you: registering the death, applying to Hamilton Sheriff Court for Confirmation, dealing with banks, the home and HMRC, and paying each beneficiary. Meet us at our office on Brandon Street, or let us handle everything by phone and email. Your first consultation is free.
29 Brandon StreetHamilton ML3 6DA
Free first consultationat the office or by phone
Hamilton and Lanarkshire
Hamilton solicitors for executries, wills and estate planning
Hamilton is the main administrative centre of South Lanarkshire, home to around 55,000 people, and the town where much of the paperwork after a death is dealt with. The council's registration office and the sheriff court that grants Confirmation are both here, a short distance from our office. So is the National Ultimus Haeres Unit, which investigates estates across Scotland where nobody can find a will or any relatives; see what happens if someone dies with no relatives.
Our solicitors act for clients across the Hamilton area, from Burnbank, Whitehill and Hillhouse to Earnock, Woodhead and Ferniegair, and in the surrounding areas of Lanarkshire, including Blantyre, Bothwell, Uddingston, Larkhall, Motherwell, Wishaw, Strathaven and East Kilbride. Our executry team is part of Simplicity Legal, a law practice with offices in Hamilton, East Kilbride and Glasgow, providing a range of legal services including family law and conveyancing.
In Scotland, winding up the estate of someone who has died is called executry, and the court document that lets the executor deal with the estate is called Confirmation. It is the Scottish equivalent of probate. We can give you expert legal advice at any stage, or handle the whole executry for you.
Local know-how
What happens after a death in Hamilton, and where
Scots law is the same everywhere, but in Hamilton the key offices are all in town. Here is what each one does, and how our lawyers in Hamilton can help.
Registering the death
A death must be registered within eight days. South Lanarkshire registers most deaths over the phone, and face to face appointments are held at the council headquarters on Almada Street. To book, call 0303 123 1015 and choose option 7. The doctor sends the medical certificate of cause of death to the registrar electronically, so you do not need to collect it. Our guide on how to register a death in Scotland explains the rest of the process. The funeral can then go ahead; our guide to funeral costs and who pays lists the local burial and cremation fees. If the person died in hospital or a care home, or the death was reported to the procurator fiscal, our guides to deaths in hospital or a care home and the procurator fiscal explain what happens.
Confirmation at Hamilton Sheriff Court
Hamilton Sheriff Court is the third busiest court in Scotland. Criminal cases are heard in the A-listed 1834 court house on Beckford Street, while applications for Confirmation go to the civil department at Birnie House. Its public counter is open on weekdays from 9am to 1pm and 2pm to 4pm. We prepare the inventory of the estate and lodge it for you. Our guide to which sheriff court deals with Confirmation shows which parts of Lanarkshire go to Hamilton, Airdrie or Lanark. Our guides to valuing an estate for Confirmation and pensions and benefits after a death explain what goes on the inventory.
Council tax and the empty home
While a home is empty and only the estate is liable, the council can exempt it from council tax until Confirmation is granted, and for up to six months after that. The executor has to apply. If the home is still empty after the exemption ends, a surcharge of up to 200% can apply, so we plan the sale or transfer early. If the person was a South Lanarkshire Council tenant, see what happens to a council tenancy after a death.
Selling or transferring the house
Once Confirmation is granted, our conveyancing team can sell a Hamilton home on behalf of the estate, which normally needs a Home Report first, or transfer it to a beneficiary who wants to keep it. We can also advise if a family member wants to buy the house from the estate. Our guides to selling an inherited house and clearing a house after a death explain the steps.
Step by step
How our Hamilton executry solicitors can help
Every estate is different, but most follow the same path. You can instruct us for the whole executry, or only for the parts you would rather not do yourself.
- First meeting. We explain the executor's role, check the will and give you a written fee estimate.
- Valuing the estate and preparing the paperwork. We write to banks, pension providers and insurers, value the house and list any debts.
- Inheritance tax. We work out whether tax is due, claim the allowances available and deal with HMRC.
- Applying for Confirmation. We complete the inventory and lodge it at Hamilton Sheriff Court.
- Collecting the assets. We close accounts, cash in policies and sell or transfer property.
- Paying the beneficiaries. We settle the debts, deal with any legal rights claims, prepare the executry accounts and distribute the estate. If you are a beneficiary waiting on someone else's executor, see what you can do if an executor is not doing their job.
Sheriff court fees for Confirmation, from 1 April 2026
- Estate up to £50,000
- No fee
- Estate from £50,000.01 to £250,000
- £351
- Estate over £250,000
- £705
These fees are set by the Sheriff Court Fees Order 2026 and paid from the estate. If the estate is worth £36,000 or less, the small estate procedure may apply, and the sheriff clerk can help complete the forms.
Legal services in Hamilton
A wide range of legal services, from wills and executry to power of attorney
We specialise in private client work. Our solicitors offer advice and assistance with everything that surrounds an estate, including property, tax and family legal issues, with advice tailored to your circumstances.
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Full estate administration
From the first letter to the final account, we deal with the executries for you and keep you updated at each stage.
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When there is no will
We petition the court to appoint an executor, arrange the bond of caution and apply the rules on who inherits.
Find out more04
Inheritance tax
We calculate any tax, make the most of the nil rate bands and reliefs, and handle the forms and payments with HMRC. Farms and family businesses have their own relief rules.
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Wills, trusts and power of attorney
Planning for the future with a will, a trust or a power of attorney, and guardianship applications when someone can no longer manage their affairs.
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Legal rights and family law
Advice on legal rights claims and disputes, and support from family lawyers where separation or divorce affects an estate.
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Making a will
Choosing your executor, and why it matters
When you make a will, the executor you choose is the person who will deal with your estate. It is worth thinking about:
- Your executor can also be a beneficiary, such as your husband, wife or child.
- Naming two executors means one can carry on if the other cannot act.
- An executor must be at least 16 and able to manage their own affairs.
- A solicitor can be named as an executor, or instructed by your family later.
- Without a will, your family may have to ask the sheriff court to appoint an executor.
Clear costs
What our Hamilton solicitors charge
The fee for an executry depends on the estate: its value, whether there is a will, a house to sell or inheritance tax to pay, and how many beneficiaries there are. After your free consultation, we give you a written estimate so you know the cost before you instruct us.
Fees are paid from the estate at the end, or in stages for a larger estate, not by you personally.
- Free first consultation
- Written fee estimate before any work starts
- Court fees and outlays listed separately
- Fees normally paid from the estate
We do not provide legal aid.
Visit us
29 Brandon Street
Hamilton ML3 6DA
Our Hamilton office on Brandon Street
Our office is in Hamilton town centre, a short walk from Hamilton bus station, Hamilton Central railway station and the shops on Quarry Street. The council's pay and display car park on Brandon Street is close by. Meetings are by appointment, so please call before you visit.
Executry Solicitors Hamilton29 Brandon Street
Hamilton ML3 6DA
Why us
Experienced solicitors providing legal services across Lanarkshire
Executry Solicitors Scotland is part of Simplicity Legal, a law firm regulated by the Law Society of Scotland, with offices in Hamilton, East Kilbride and Glasgow.
Local
An experienced team in Hamilton
We know the local registration office, the sheriff court and the council, so the practical steps move quickly and nothing is missed.
Clear
Help and advice in plain English
Our solicitors can help you understand each step, what it will cost and what you need to do, and we keep in touch until the estate is finished. If you would like someone to talk to, see our guide to bereavement support in Lanarkshire.
Nearby
Also helping executors in East Kilbride and Glasgow
East Kilbride
Our office on Main Street in The Village serves East Kilbride and the surrounding area.
Executry solicitors East KilbrideGlasgow
Our Woodlands Road office in the West End helps executors across Glasgow.
Executry solicitors GlasgowHow much does it cost for a solicitor to be your executor?
A solicitor does not charge simply for being named as your executor. When the time comes, they charge for the work of winding up the estate, and they can only charge where the will allows it. The fee depends on the size and complexity of the estate, and it is paid from the estate. We give a written fee estimate before any work starts. Our guide to how much executry costs in Scotland explains typical fees.
Who is the next of kin when someone dies in Scotland?
Scots law has no single definition of next of kin. In practice, the closest relative, usually a husband, wife or civil partner, then the children, deals with the funeral and registering the death. Who inherits is a separate question. If there is a will, it decides. If there is no will, the Succession (Scotland) Act 1964 sets out who is entitled, starting with a spouse or civil partner and the children. Read more in our guide to what happens if someone dies without a will.
Who cannot be an executor?
Almost any adult can act as an executor, including a beneficiary or a family member. A person under 16 cannot act, and neither can someone who has lost the mental capacity to manage their own affairs. A person named in a will does not have to accept the role. They can decline, or step back and let the other executors act.
How long does an executor have to settle an estate in Scotland?
There is no fixed time limit, but an executor must act without unreasonable delay. Executors usually wait six months from the date of death before paying out the estate, because creditors can claim during that time. Most estates take between six and twelve months, and longer if a house has to be sold or inheritance tax is due. See our guide on how long an executor has to settle an estate.
Which sheriff court deals with Confirmation for someone from Hamilton?
For someone who lived in Hamilton, the application for Confirmation goes to Hamilton Sheriff Court. Commissary work is handled by the civil department at Birnie House, Caird Park, Hamilton Business Park, Caird Street, Hamilton ML3 0AL. Its phone number is 01698 282957. Other parts of Lanarkshire may use Airdrie or Lanark Sheriff Court instead, and we check the right court for you.
Do you offer a free consultation in Hamilton?
Yes. Your first consultation is free, at our office at 29 Brandon Street or by phone. You can explain what has happened, ask questions and get a fee estimate, with no obligation.
Can I get legal aid for an executry in Hamilton?
No. Legal aid is not available for winding up an estate, and we do not provide legal aid. Executry fees are normally paid from the estate, so the executor does not usually pay them personally.
Talk to us today
Speak to our solicitors in Hamilton
Call us on 0141 471 9166 and one of our Hamilton solicitors will answer your first questions and arrange a free consultation at our Brandon Street office or by phone. There is no obligation to instruct us.
It helps to have the death certificate, the will and any recent bank, pension or council tax letters nearby, but do not worry if you cannot find them yet. Tracking them down is part of our job. Our guides explain what a husband, wife or civil partner inherits and what happens to a joint bank account.
- Phone 0141 471 9166
- Hamilton 29 Brandon Street, Hamilton ML3 6DA
- Glasgow 34 Woodlands Road, Glasgow G3 6UR
- Visits By appointment, please call first
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.