Executry service

When someone dies without a will

Without a will, nobody has automatic authority to deal with the estate, and the law decides who inherits. We petition the sheriff court to appoint an executor, arrange the bond of caution, and work out who is entitled to what.

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When someone dies without a valid will, their estate is intestate. The Succession (Scotland) Act 1964 sets out who inherits, starting with a surviving spouse or civil partner's prior rights and legal rights, then children and other relatives in a fixed order. Before anything can be collected in, someone has to be appointed by the sheriff court as executor-dative.

What we do

Small estates without a will

If the estate is worth £36,000 or less, the small estate procedure lets the person entitled be confirmed without a separate petition, and no bond of caution is needed where the sheriff clerk prepares the inventory. See our small estates page.

Unmarried partners

An unmarried partner does not inherit under the intestacy rules, however long the couple were together. They can ask the court for a share of the estate, but only within six months of the death. If you are in this position, contact us straight away. Our guide on what an unmarried partner can claim explains the claim.

Who inherits

The order of inheritance can produce results families do not expect, especially where there has been a second marriage, a separation or a death in the family. Our guide on what happens if someone dies without a will sets out the rules with worked examples.

Guides

Read more before you decide

Frequently asked questions

Questions about estates with no will

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Who can be executor if there is no will in Scotland?

Usually the surviving spouse or civil partner, especially where their prior rights take up the whole estate. Otherwise, the people entitled to inherit, such as the children, can apply, in the order in which they would inherit.

What is a bond of caution?

An insurance policy that protects the beneficiaries and creditors if the executor-dative does not deal with the estate properly. It is usually needed where there is no will, unless a spouse or civil partner inherits everything or the sheriff clerk prepares a small estate inventory. The court cannot waive it.

How long does it take to be appointed executor-dative?

A petition often takes a few weeks, including a public notice period. The bond of caution and the Confirmation then follow, so it usually takes a few months in total to have authority to collect in the estate.

What happens if nobody is entitled to inherit?

The estate passes to the Crown and is dealt with by the King's and Lord Treasurer's Remembrancer. Relatives who come forward later can still make a claim within its time limits.

Talk to us today

Talk to us about estates with no will

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 9166

Call 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.

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