Small estates worth £36,000 or less

If everything the person owned came to £36,000 or less, a simpler procedure applies. There is no court fee for Confirmation and usually no bond of caution. We can deal with it quickly, or help you decide whether you need Confirmation at all.

A slim cream envelope and a small green leather bag on a light oak desk beside a brass paperclip and a fountain pen

A small estate is one where the total value of everything the person owned is £36,000 or less, before deducting any debts such as funeral bills. For these estates, the sheriff clerk can prepare the inventory at an appointment, and the procedure is simpler and cheaper than for a larger estate.

Do you need Confirmation at all?

Often not. Many banks release balances without Confirmation under their own procedures, and a house owned jointly with a survivorship destination passes automatically to the other owner. Before applying, we check each asset and tell you honestly whether Confirmation is needed. Our guide to bank limits without Confirmation sets out what the main banks will release, and our guide to joint bank accounts after a death explains why money in a joint account may still belong to the estate.

What we do

  • Check whether the estate really is a small estate, including interest to the date of death
  • Find out which banks and organisations will release money without Confirmation
  • Gather the values and paperwork the sheriff clerk at the right sheriff court will need
  • Prepare the application, or come with you to the sheriff clerk appointment
  • Collect in the money, pay the debts and funeral, and pay out the beneficiaries if you want us to

Small estates with no will

For a small estate, the person entitled to inherit can be confirmed as executor through the small estate procedure, without a separate court petition, and no bond of caution is needed where the sheriff clerk prepares the inventory. That makes the process much simpler than for a larger estate with no will.

Keeping costs in proportion

With a small estate, every pound spent on fees is a pound less for the family. We agree the scope of the work with you at the start, so you only pay for the help you need. If you are comfortable doing most of it yourself, our advice for executors service may be all you need.

Frequently asked questions

Questions about small estates

Call 0141 471 9166
What counts as a small estate in Scotland?

An estate where the gross value of everything the person owned, including interest up to the date of death, is £36,000 or less. You cannot deduct debts such as the funeral or bills when working out whether the estate is small.

Is there a court fee for a small estate?

There is no court fee for Confirmation in a small estate. Copies and certificates of Confirmation are charged separately.

Do I need a bond of caution for a small estate with no will?

Not where the sheriff clerk prepares the inventory. A bond of caution may be needed if a solicitor prepares it instead, which is one reason we sometimes recommend the sheriff clerk route.

Can you help if I have already started?

Yes. We can pick up at any stage, check what you have done so far, and deal with the parts you would rather not.

Talk to us today

Talk to us about small estates

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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