When Someone Dies in Scotland

We are very sorry for your loss. Scotland has its own legal system, so a few things work differently from England and Wales, and it helps to know what to expect. You have 8 days to register rather than 5. There is no coroner; the Procurator Fiscal looks into unexpected deaths. And probate is called Confirmation, handled by the Sheriff Court. This guide takes you through it all, gently and in plain English.

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Key differences from England and Wales

England and Wales	Scotland
Death must be registered within 5 days	Death must be registered within 8 days
Coroner investigates sudden or unexplained deaths	Procurator Fiscal investigates sudden or unexplained deaths
Doctor issues a Medical Certificate of Cause of Death (MCCD)	Doctor issues Form 11 (medical certificate of cause of death)
Grant of Probate (with a will) or Letters of Administration (without)	Confirmation (with or without a will), applied for at the Sheriff Court
Probate Registry processes applications	Sheriff Court processes Confirmation applications
Probate court fee: £526 (estates over £5,000)	Confirmation court fee: no fee up to £50,000, £351 from £50,000.01 to £250,000, £705 above £250,000
Small estates: no simplified process	Small estates (£36,000 or less): simplified process and free help from the Sheriff Clerk, no solicitor needed
Intestacy: spouse gets first £322,000 plus personal belongings, then split with children	Intestacy: spouse has "prior rights" to the home (up to £473,000), furniture (up to £29,000), and cash (up to £50,000 or £89,000)
No automatic legal right for children to inherit if there is a will	"Legal rights" give spouse and children a fixed share of moveable estate, even if excluded from the will
Statutory notice placed in The London Gazette	Statutory notice placed in The Edinburgh Gazette

1. Registering a death in Scotland

Get the medical certificate (Form 11)

When someone passes away in Scotland, a doctor issues Form 11, the medical certificate of cause of death. If your loved one was in hospital, the hospital arranges this for you. If they were at home, call their GP surgery. The form goes straight to the registrar rather than to the family, so you do not need to carry it anywhere.

Register within 8 days

In Scotland, you must register the death within 8 days where possible, which is a little more breathing room than the 5 days in England and Wales. If the Procurator Fiscal is involved, registration may have to wait until they authorise it, and that is nothing to worry about. You register at the registrar office for the area where they died, and you can book an appointment by ringing the local council. Take their full name, date and place of birth, last address, occupation, NHS or CHI number if you know it, and any marriage or civil partnership certificate.

Death certificates cost £15 each

Certified copies of the death certificate (called an "extract of the entry") cost £15 each in Scotland, compared to £12.50 in England. It is worth ordering at least 5, as banks, insurers, solicitors, and pension providers each need an original. Ordering them later through National Records of Scotland costs more.

Tell Us Once is available in Scotland

Tell Us Once works in Scotland the same way as in England and Wales. The registrar will give you a reference number. Use it online or by phone (0800 085 7308) within 28 days to notify the DWP, HMRC, DVLA, Passport Office, and the local council in a single step.

2. The Procurator Fiscal

Scotland does not have coroners

Unlike England, Wales, and Northern Ireland, Scotland does not use the coroner system. Instead, the Procurator Fiscal (part of the Crown Office and Procurator Fiscal Service, known as COPFS) investigates deaths that are sudden, unexplained, suspicious, or the result of an accident.

When the Procurator Fiscal gets involved

The Procurator Fiscal must be informed of any death that was sudden or unexpected, where the cause is unknown, resulted from an accident (at work, at home, or on the road), occurred in custody or during police contact, may have been caused by neglect, or where the person had not seen a doctor in the 14 days before death.

What happens during the investigation

The Procurator Fiscal may ask for a post-mortem examination. Unlike in England, families in Scotland cannot object to one, which we know can be hard to hear. The investigation may take days or weeks. You cannot register the death until the Procurator Fiscal releases your loved one and authorises registration. COPFS will keep you updated as things progress.

Fatal Accident Inquiries

In some cases, the Procurator Fiscal will hold a Fatal Accident Inquiry (FAI). This is the Scottish equivalent of an inquest. FAIs are mandatory for deaths in custody and deaths caused by work accidents. They are held at the Sheriff Court and examine the circumstances of the death. There is no jury, and the Sheriff issues a formal determination.

If the Procurator Fiscal is involved, please try not to worry. This is standard procedure for any sudden or unexplained death in Scotland, and it does not mean anyone suspects anything untoward. COPFS will keep you informed throughout.

3. Confirmation (Scotland's probate)

What is Confirmation?

Confirmation is the Scottish equivalent of probate. It gives you the legal authority to deal with your loved one's estate. You apply to the Sheriff Court rather than the Probate Registry. If there is a will, the executor named in it applies for Confirmation. If there is no will, the nearest relative applies to be appointed by the court as "executor dative".

How to apply for Confirmation

You need to prepare an inventory of the entire estate, listing every asset and its value at the date of death. Submit the inventory along with the will (if there is one), the death certificate, and the completed inheritance tax form to the Sheriff Court for the area where the person lived. Scotland has its own fee scale, and it is kinder than the English one at the lower end: there is no court fee at all if the estate is worth £50,000 or less, then £351 from £50,000.01 up to £250,000, and £705 above £250,000. These are the figures set by the Sheriff Court Fees Order 2026, which took effect on 1 April 2026. You can apply to any Sheriff Court in Scotland.

Small estates (£36,000 or less)

If the whole estate is worth £36,000 or less, it counts as a "small estate" and you can use the simplified procedure. The local Sheriff Clerk will sit with you and help you complete the inventory, free of charge, and you do not need a solicitor at all. When you work out that £36,000, you do not deduct debts such as funeral expenses or the balance of a mortgage. It is worth being clear that £36,000 and £50,000 are two separate thresholds doing different jobs, as they are easily confused. The £36,000 figure decides whether the estate counts as a small estate, which is what entitles you to that free help from the Sheriff Clerk and a simpler form; it comes from the Confirmation to Small Estates (Scotland) Order 2011. The £50,000 figure is purely about the court fee: nothing is payable at or below it. So an estate of, say, £45,000 is too large for Sheriff Clerk assistance but still pays no court fee at all.

Processing time

The Scottish Courts and Tribunals Service does not publish average processing times for Confirmation, so we would rather not quote a figure than give you one we cannot stand behind. If you want to know where your application has got to, ring the Sheriff Clerk's office you applied to and they will tell you. Complex estates and those involving inheritance tax take longer.

Using Confirmation across the UK

If your loved one lived in Scotland but owned property in England or Wales, you will need to "reseal" the Confirmation at the Probate Registry in England. That simply makes the Scottish Confirmation valid south of the border. It works the same way in reverse: an English Grant of Probate may need resealing in Scotland.

Related: Read our full probate guide for a UK-wide overview, or see executor duties for your responsibilities as the person administering the estate.

4. Scottish intestacy rules

Prior rights (surviving spouse or civil partner)

Scottish intestacy law gives the surviving spouse or civil partner "prior rights" before anyone else inherits. These include: the right to the family home (up to a value of £473,000), the right to household furniture and contents (up to £29,000), and a cash payment (up to £50,000 if there are surviving children, or up to £89,000 if there are no children). These rights only apply to intestate estates.

Legal rights (spouse and children)

After prior rights are satisfied, "legal rights" give the surviving spouse and children a fixed share of the remaining moveable estate (everything except land and buildings). If there are both a surviving spouse and children, each group gets one-third of the moveable estate. If there is only a surviving spouse or only children, that group gets one-half. Legal rights cannot be defeated by a will, making them a unique feature of Scottish law.

Legal rights even when there is a will

This is a crucial difference from English law. In Scotland, a surviving spouse and children always have the right to claim their "legal rights" share of the moveable estate, even if the will leaves them nothing. The person can choose either their entitlement under the will or their legal rights, whichever is more favourable. They cannot claim both. This right does not apply to heritable property (land and buildings).

Remainder of the estate

After prior rights and legal rights are paid out, the remainder of the estate passes according to the intestacy hierarchy: children first, then parents plus siblings, then siblings alone, then parents alone, then the surviving spouse (if they have not already received everything), then aunts and uncles, then grandparents, then great-aunts and great-uncles, and finally the Crown (known as ultimus haeres in Scotland).

Unmarried partners

As in the rest of the UK, partners who were not married have no automatic right to inherit under the Scottish intestacy rules, however long they lived together. This can feel very unfair, and it catches many people out. A cohabiting partner can apply to the court under the Family Law (Scotland) Act 2006 for a share of the estate, but it must be done within 6 months of the death, and any award is at the court's discretion. If this applies to you, do get advice quickly.

Related: See our full intestacy guide for rules across all four UK nations, or learn about rights for unmarried partners.

5. Funerals in Scotland

Getting permission for burial or cremation

After registering the death, the registrar issues a Certificate of Registration of Death (Form 14). This must be given to the funeral director before the burial or cremation can proceed. If the Procurator Fiscal is involved, they will issue a separate authorisation.

Funeral costs in Scotland

Funeral costs in Scotland are much the same as the rest of the UK: around £4,000 to £5,500 for a traditional funeral. Direct cremation is available from around £1,200 to £1,800. Some Scottish local authorities also offer lower-cost municipal funeral services, which are well worth asking about if money is tight.

Financial help with funeral costs

If you receive certain means-tested benefits, you can apply for a Funeral Support Payment from Social Security Scotland. This replaced the DWP Funeral Expenses Payment in Scotland. It covers burial or cremation fees plus up to £1,000 for other costs. Apply within 6 months of the funeral. Contact Social Security Scotland on 0800 182 2222.

6. Key contacts in Scotland

National Records of Scotland (NRS)

Responsible for civil registration in Scotland. For general registration enquiries: 0131 314 4433. Website: nrscotland.gov.uk. Address: New Register House, 3 West Register Street, Edinburgh, EH1 3YT.

Crown Office and Procurator Fiscal Service (COPFS)

Investigates sudden, unexplained, and suspicious deaths. Enquiry line: 0300 020 3000. Website: copfs.gov.uk. Email: enquirypoint@copfs.gov.uk.

Scottish Courts and Tribunals Service

Handles Confirmation applications through the Sheriff Courts. Website: scotcourts.gov.uk. Each Sheriff Court has its own contact details, found on the website.

Social Security Scotland

Handles Funeral Support Payment and other Scottish benefits. Phone: 0800 182 2222. Website: socialsecurity.gov.scot.

Citizens Advice Scotland

Free advice on all aspects of bereavement, including legal and financial matters. Phone: 0800 028 1456. Website: cas.org.uk.

Cruse Bereavement Support Scotland

Free bereavement counselling and support. Helpline: 0808 808 1677. Website: cruse.org.uk. Scottish office: 0345 600 2227.

Common questions about the process in Scotland

Is probate the same in Scotland as in England?

No. Scotland uses a process called Confirmation, which is applied for through the Sheriff Court rather than the Probate Registry. The legal framework, forms, and fees are different. Estates of £36,000 or less in Scotland count as "small estates" and benefit from a simplified procedure, with the Sheriff Clerk helping you prepare the paperwork free of charge.

What is the Procurator Fiscal?

The Procurator Fiscal is a public prosecutor who investigates sudden, unexplained, or suspicious deaths in Scotland. This role replaces the coroner system used in England, Wales, and Northern Ireland. The Procurator Fiscal is part of the Crown Office and Procurator Fiscal Service (COPFS).

Can a will override legal rights in Scotland?

No. Legal rights in Scotland cannot be defeated by a will. A surviving spouse and children always have the right to claim their legal rights share of the moveable estate. However, a person can choose either what the will gives them or their legal rights share. They cannot take both.

How much does Confirmation cost in Scotland?

There is no court fee at all for estates worth £50,000 or less. Above that it is £351 from £50,000.01 up to £250,000, and £705 for estates over £250,000, under the Sheriff Court Fees Order 2026 which took effect on 1 April 2026. If you use a solicitor, expect fees of £1,500 to £5,000 depending on complexity. Separately, and it is a different threshold, estates of £36,000 or less count as "small estates", where the Sheriff Clerk will help you prepare the application free of charge.

What is the difference between prior rights and legal rights?

Prior rights apply only when there is no will. They give the surviving husband, wife, or civil partner the right to the home (up to £473,000), the furniture (up to £29,000), and a cash sum. Legal rights apply whether or not there is a will, and give the surviving partner and the children a fixed share of the moveable estate (everything except land and buildings).

Does Tell Us Once work in Scotland?

Yes. Tell Us Once is available in Scotland and works the same way as in England and Wales. The registrar will give you a reference number when you register the death. Use it within 28 days to notify multiple government departments in a single step.

What is a Fatal Accident Inquiry?

A Fatal Accident Inquiry (FAI) is the Scottish equivalent of an inquest. It is a public hearing held at the Sheriff Court to examine the circumstances of certain deaths. FAIs are mandatory for deaths in custody and deaths caused by work accidents. The Sheriff issues a formal determination about the cause of death and any precautions that might have prevented it.

What if the person lived in Scotland but owned property in England?

You will need to obtain Confirmation in Scotland first, then have it "resealed" at the Probate Registry in England. Resealing makes the Scottish Confirmation valid for English assets. You may need a solicitor who practises in both jurisdictions to help with this.

Practical tools: Use our notification guide to contact banks and utility companies, our template letters to save time writing, and our cost calculator to plan your budget. Our call scripts tell you exactly what to say on the phone.

Other nations: See our guide for Northern Ireland, or go back to the main step-by-step guide (which covers England and Wales).

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