Grant of Probate (Confirmation)
Compassionate Support When You Need It Most
Dealing with the loss of a loved one is never easy. At Thistle Legal, we understand that handling their estate can feel overwhelming during such an emotional time. That’s why we’re here to help guide you through the Grant of Probate Process, also known as Confirmation in Scotland, with care, compassion, and clarity.
We specialise in offering an affordable alternative to traditional solicitors for the Confirmation process. If you’re an executor and willing to handle some of the estate’s tasks yourself, we can guide you through the application, making it significantly more affordable than hiring a solicitor. We’re here to offer expert support and advice, ensuring the process is clear and manageable, without the higher fees of a full legal service.
What is Grant of Probate (Confirmation)?
Grant of Probate (or Confirmation) is the legal authority that allows an executor to manage a deceased person’s estate. This includes gathering assets, settling debts, and distributing what remains according to the Will. The process can be complex, but with us by your side, you’ll have the expertise and reassurance you need to navigate it successfully.
Who can apply for a Grant of Probate (Confirmation)?
If the deceased left a Will, then the Executors named in the Will can apply for Confirmation. If the deceased died without a Will, then the next of kin would be able to petition the Sheriff Court to apply to be appointed as the Executor. Thereafter, they can apply for Confirmation. Although it can be a little trickier when there is no Will and you may also need to get an insurance bond before you can apply for Confirmation, but don’t worry, we can still help.
How We Help You:
Clear Guidance from Start to Finish
- We break down every step of the process, ensuring you fully understand your responsibilities and obligations as an executor.
A Compassionate and Personal Touch
- Audrey ensures you feel heard and cared for during this challenging time; offering legal advice and emotional support throughout.
Expertise You Can Rely On
- With over 15 years of experience in estate administration and probate, we offer affordable expertise you can trust.
Our Fixed Fee Probate Service – Clarity & Confidence
At Thistle Legal, we offer a clear, fixed fee of £450 for guiding you through the Confirmation (Grant of Probate) process. Along the way, we provide all the advice and support you need.
Sheriff Court Fees (additional costs, determined by value of estate):
- Under £50,000: No fee
- £50,000 to £250,000: £341
- Over £250,000: £684
- Certificate of Confirmation: £9 per certificate
- No Will (Executors): £22 for a petition to appoint executors, plus an insurance bond.
Call us for a free, informal chat at 01383 740 207 or 0787 145 1291, or use the contact button below!
FAQ’s for Executors
What are my duties as an executor?
An Executor’s main responsibility is to value the deceased’s estate, including assets like bank accounts, property, and life insurance. Contact financial institutions to close accounts, claim policy payouts, and confirm asset values. For large estates, professional valuations may be necessary for assets like property or vehicles.
Do I need to worry about inheritance tax?
Inheritance tax applies if the estate exceeds £325,000. Gifts made within the last seven years also factor in. Executors must calculate the tax, though many estates qualify for reliefs that reduce or eliminate the tax.
How do I manage estate assets after confirmation?
Once Confirmation is granted, send the Certificate of Confirmation to financial institutions to release funds. It’s recommended to open an Executor’s bank account to collect estate proceeds and pay outstanding debts. This account helps with transparency and simplifies managing the estate’s transactions.
When can I distribute the estate to beneficiaries?
The estate can be distributed after six months from the date of death, allowing time for any creditors or claimants to come forward. Executors should also account for Legal Rights claims, which must be honoured even if the Will says otherwise.
What are Legal Rights in Scotland?
In Scotland, regardless of the Will’s contents, the surviving spouse, civil partner, or children have the right to claim Legal Rights from the deceased’s movable estate (anything other than land or property).
If there are both a spouse/civil partner and children, the spouse can claim one-third, and the children one-third. If there are no children, the spouse can claim one-half. Similarly, if there’s no spouse, the children can claim one-half.
For any further guidance or clarification on these matters, please don’t hesitate to contact us. We’re here to provide support and expert advice at every step of the way.