What To Do When Someone Dies in Scotland

What To Do When Someone Dies in Scotland — Advice from our Solicitors

At Miller Samuel Hill Brown, our experienced executry solicitors in Glasgow provide clear, compassionate legal guidance to help families manage these responsibilities with confidence. We can assist with every stage of estate administration, from registering the death through to distributing assets and finalising the executry process.

Immediate Steps After Someone Dies

There are several important steps that should be taken after a death in Scotland.

These commonly include:

• Registering the death
• Arranging the funeral
• Locating the Will
• Identifying the executor
• Contacting banks and financial providers
• Establishing the value of the estate
• Applying for Confirmation where required

The process can feel overwhelming, particularly during a period of grief. Legal advice can help reduce stress and avoid unnecessary delays or complications.

Registering a Death in Scotland

A death in Scotland must normally be registered within eight days.

The funeral cannot usually take place until the death has been formally registered and the Certificate of Registration of Death has been issued.

Who Can Register the Death?

The death can usually be registered by:

• A relative of the deceased
• Someone present at the death
• The executor or legal representative
• The occupier of the property where the death occurred
• Another person with the necessary information if none of the above are available

Where Is the Death Registered?

The death should be registered with the Registrar of Births, Deaths and Marriages.

You can arrange an appointment with the registrar for:

• The district where the death occurred; or
• The district where the deceased lived

Documents Needed to Register a Death

You may need to provide:

• The Medical Certificate of Cause of Death
• The deceased’s NHS medical card, if available
• Birth certificate
• Marriage or civil partnership certificate
• Pension or benefit documentation

Requirements can vary depending on the circumstances.

Locating the Will

One of the first legal steps is establishing whether the deceased left a valid Will.

A Will often includes:

• Details of funeral wishes
• Appointment of executors
• Instructions for distributing assets
• Guardianship arrangements for children

The Will may be held by:

• A solicitor
• A bank
• The deceased’s home
• A secure document storage provider

If no Will can be located, the estate will generally be administered under Scottish intestacy law.

What Happens If There Is No Will?

If someone dies without leaving a valid Will, they are described as having died intestate.

In these circumstances, the sheriff court may need to appoint an executor dative before the estate can be administered.

Scottish succession law then determines how the estate is distributed among surviving relatives.

Our executry solicitors can guide families through the court application process and advise on inheritance rights under Scottish law.

Understanding the Role of the Executor

The executor is responsible for administering the deceased’s estate.

This role carries important legal duties and responsibilities.

An Executor May Need To:

• Identify and value estate assets
• Prepare an inventory of the estate
• Pay outstanding debts and liabilities
• Deal with inheritance tax matters
• Apply for Confirmation
• Collect funds and assets
• Distribute the estate to beneficiaries

Executors can be personally liable for mistakes made during estate administration. Professional legal support can help reduce risk and ensure the estate is handled correctly.

What Is Confirmation?

Confirmation is the Scottish legal process that gives an executor authority to deal with estate assets.

It is similar to probate in England and Wales.

Financial institutions often require Confirmation before releasing funds held in bank accounts, investments, or insurance policies.

Our solicitors can prepare the required court applications and inheritance tax forms on your behalf.

Inheritance Tax and Estate Administration

Some estates may be liable for Inheritance Tax depending on their value and structure.

Executors are responsible for reporting relevant information to HMRC and ensuring any tax due is paid correctly.

Our private client team can assist with:

• Inheritance Tax calculations
• HMRC forms and reporting
• Estate accounts
• Post-death tax planning arrangements
• Distribution of assets to beneficiaries

Practical Support During the Executry Process

Administering an estate can involve significant practical responsibilities at a difficult time.

Our solicitors can assist with:

• Contacting banks and financial institutions
• Identifying assets and liabilities
• Preparing estate accounts
• Property transfers and sales
• Liaising with beneficiaries
• Managing legal paperwork and court applications

Where required, we can also coordinate with our conveyancing team regarding the sale or transfer of property forming part of the estate.

Why Choose Miller Samuel Hill Brown?

Our executry solicitors have extensive experience supporting families across Glasgow and Scotland following the death of a loved one.

Clients choose us for our:

• Clear and practical legal advice
• Compassionate and approachable service
• Experience with straightforward and complex estates
• Efficient handling of court and tax matters
• Comprehensive private client expertise

We understand the emotional and legal pressures families can face after a bereavement and provide support designed to make the process as manageable as possible.

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