Here we explain in a little more detail the language and legal phrasing to help you.
Any property or possession which has a cash value.
The laws relating to inheritance and property in Scotland are very different to other parts of the UK (apart from the taxes that need to be paid on estates). In England this is called probate, in Scotland this is called confirmation.
In Scotland, a ‘small estate’ is classed as an estate with a total value of less than £36,000. These can be dealt with by private individuals (such as yourself or family members), although the requirement for confirmation is decided by the company you are dealing with.
If you need some more support, the staff at the Sheriff Clark’s office will be able to help personal applicants with the necessary forms and confirmation once all the information needed has been gathered.
If the estate is larger than £36,000 and, especially if a property is involved, we recommend the use of a solicitor.
A document which confirms the value of the remaining cash and/or stock held within the account at the time of death. The valuation will help the executor to determine if a Grant of Probate (in Scotland this is called a Grant of Confirmation) or a Small Estates Form(PDF, 81kb) is required.
A certified copy of the entry made in the Death Register. For a fee, the registrar will be able to provide a number of certified copies to save time when you’re registering claims with various companies.
Distribution of assets
Distribution of the assets refers to the process of selling assets held within a share dealing account as instructed by the named executor of the account. Distribution of the assets can also refer to the executor’s choice to transfer assets held to an account in their own name or the withdrawal of assets onto a certificate.
Grant of Probate
A grant of probate is an official document issued by the Probate Registry which the executors may need to administer the estate. This document will only be issued once the Probate Registry has received the necessary application forms from the named executor, the will’s validity has been checked, and any owed taxes are paid.
If the estate is small, or if it’s held in joint names and passes automatically to the surviving owner (as is often the case with married couples), you may not need to apply for probate.
If there’s a will, you’ll need to get a Grant of Probate; if there isn’t a will, you’ll need to get Letters of Administration (in Scotland this is called a Grant of Confirmation).
Probate is the process you go through if you’re handling the estate of someone who has died.
The process includes:
- Identifying what’s in the estate and its value.
- Completing the necessary application forms for both the probate registry and Her Majesty’s Revenue and Customs (HMRC).
- Gathering the assets and dealing with any property, paying any debts and completing the legal processes to cover you against late claims in the estate.
The same application process has to be made by the administrator of an intestate estate, where there is no will. The grant issued in this situation is called ‘letters of administration’. If there is a will but no executor for any reason, the grant is called ‘letters of administration with will annexed’.
The responsibilities include making sure all taxes and debts are paid before any money can be given to beneficiaries (the people nominated to benefit from the will) and that in general the estate is managed in a way that best serves the beneficiaries.
Rules of intestacy
When a person dies without leaving a will they are described as dying intestate. Certain legal rules called the intestacy rules will determine how the person’s estate is distributed.
A deal to buy or sell an investment such as shares.