With Scottish probate, if the deceased’s estate is valued over £30,000 at the time of their death, then a Grant of Confirmation usually needs to be applied for in order for the executor of the will to be able to carry out the probate process, much in the way that a Grant of Probate does in England.
Inheritance Tax laws still apply here, and so the estate must still be valued in order for the final tax to be calculated.
Executors have the role of valuing the estate, settling debts, paying tax and distributing the remainder of the assets in accordance with the deceased’s wishes as detailed in their will. However, distribution cannot take place until at least six months have passed after the death, to allow anyone with a potential claim on the estate to come forward.
Where no will was made, the next of kin must, similar to English law, apply for Confirmation from the Sherriff Court to allow them to act as executor. Details of the distribution are to be followed according to The Succession Act 1964. In addition however, the executor must also obtain a bond of caution from an insurance company, to guarantee that they will distribute the assets in accordance with The Succession Act.