Executry in Scotland

Selling an inherited house in Scotland

In Scotland there is no probate. The executors need confirmation from the sheriff court, and dealing with the estate is called executry. They can market the house and agree a price before confirmation is granted, but the sale cannot settle until they have it. This guide explains what confirmation is, who can sell, and how the sale works under Scottish missives.

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By Simon Dunn, HouseBought4CashPublished 28 October 2026Last updated 28 October 2026

This guide covers Scots law. It is general information, not legal advice.

What is confirmation?

Confirmation is a legal document from the sheriff court that gives the executors authority to collect the money and property of the person who died, and to administer and distribute it according to law. It is the Scottish equivalent of a grant of probate, and it is what lets the executors sell the house.

Key facts

The executor lists everything the person owned at the date of death on an inventory, form C1, and applies to the sheriff court for the area where they lived.
An executor-nominate is named in the will. Where there is no will, or no surviving executor, the court appoints an executor-dative.
An executor-dative usually needs a bond of caution, a form of insurance against the estate being wrongly handled, before confirmation is issued.
A small estate is worth £36,000 or less in total, without deducting debts. The sheriff clerk’s office can help prepare the inventory, and then no bond of caution is needed.
For a larger estate, especially one that includes a house, the Scottish Courts and Tribunals Service recommends legal advice; its staff cannot help with large estates.

How long does confirmation take?

It depends on the estate and on the court. Gathering the valuations for the inventory usually takes longest. Check current processing times with the Scottish Courts and Tribunals Service or your solicitor.

Whatever the timing, the sale of the house cannot settle until confirmation has been granted, so plan the settlement date around when you expect it.

Who can sell an inherited house in Scotland?

The executors, once they have confirmation. If there is more than one executor, they act together and all of them sign.
Not the beneficiaries, yet. Being left the house in a will does not let a beneficiary sell it. They can sell only once the executors have transferred it to them, by a docket or a disposition.
A surviving joint owner, in some cases. If the title had a survivorship destination, the surviving owner usually takes the house automatically, without confirmation, and can sell it in their own right.

How the sale works under Scottish missives

1. Home Report. A Home Report is normally needed before the house is marketed. It has three parts: a single survey and valuation, a property questionnaire and an energy report.
2. Offers. Buyers make offers through their solicitors. If several buyers note interest, the seller often sets a closing date for offers.
3. Missives. The solicitors exchange formal letters, the missives, settling the terms. Once the missives are concluded, the sale is a binding contract.
4. Settlement. On the settlement date the buyer pays and the house is transferred by a disposition, which the executors can sign only once they have confirmation.

So if confirmation is still pending, agree the closing date and the settlement date with your solicitor so that settlement falls after confirmation is expected.

England and Wales vs Scotland

	England and Wales	Scotland
Authority for the executors	Grant of probate (letters of administration if there is no will)	Confirmation
Who issues it	The Probate Registry (HM Courts & Tribunals Service)	The sheriff court
When the sale becomes binding	Exchange of contracts	Conclusion of missives
When the money changes hands	Completion	Settlement
Transfer of the house	TR1 transfer, or an assent to a beneficiary	Disposition, or a docket to a beneficiary

For the England and Wales process, see how long probate takes and selling an inherited house.

Can HouseBought4Cash buy an inherited house in Scotland?

We buy properties ourselves where the numbers work, most often in and around Greater Manchester. Where we can't buy, we tell you so. We don't yet work with a buyer or auction house covering Scotland, so we can't offer an introduction there yet.

If the house is in or around Glasgow, see selling a house fast in Glasgow.

Questions about selling an inherited house in Scotland

No. Probate is the England and Wales process. In Scotland the executors need confirmation from the sheriff court, which gives them authority to deal with the estate, including selling the house. They can market the house and agree a price before confirmation is granted, but the sale cannot settle until it is.

The executor lists everything the person owned at the date of death on an inventory, form C1, and applies to the sheriff court for the area where they lived. For a small estate, worth £36,000 or less, the sheriff clerk's office can help prepare the inventory. For a larger estate, especially one that includes a house, the Scottish Courts and Tribunals Service recommends getting legal advice.

It depends on the estate and on the court. Gathering valuations for the inventory usually takes longest. Check current processing times with the Scottish Courts and Tribunals Service or your solicitor, and plan the sale so that settlement falls after confirmation is expected.

Only the executors, once they have confirmation, and all of them together if there is more than one. A beneficiary cannot sell the house until it has been transferred to them by a docket or a disposition. If the title had a survivorship destination, the surviving joint owner usually takes the house automatically without confirmation.

Where there is no will, or no surviving executor named in it, the court appoints an executor, called an executor-dative. For a large estate this is done by a dative petition before confirmation is applied for. An executor-dative usually needs a bond of caution, a form of insurance, unless it is a small estate where the sheriff clerk prepared the inventory.

Normally, yes, before the house is marketed. A Home Report has three parts: a single survey and valuation, a property questionnaire and an energy report. Your solicitor or selling agent can tell you whether any exception applies to your sale.

Sources

Selling in Scotland

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