Probate in Scotland and Northern Ireland
Scotland does not use probate at all — the equivalent process is called confirmation, applied for at the Sheriff Court with a full inventory of the estate, and spouses and children have fixed legal rights that cannot be written out of a will. Northern Ireland does issue grants of probate, but through its own courts service and its own forms. Neither is dealt with by the England & Wales Probate Registry, and our service does not cover them.
Jurisdiction: England & Wales. Last reviewed 29 August 2026.
The three systems side by side
| England & Wales | Scotland | Northern Ireland | |
|---|---|---|---|
| Process name | Probate | Confirmation | Probate |
| Where you apply | HMCTS Probate Service | Sheriff Court | NI Courts & Tribunals Service |
| Inventory of assets filed | No | Yes, itemised | No |
| Spouse/children's fixed rights | No | Yes — legal rights over moveable estate | No |
| Inheritance Tax | UK-wide HMRC rules | UK-wide HMRC rules | UK-wide HMRC rules |
Tax is UK-wide, process is not
Inheritance Tax rules, thresholds and forms are the same across the whole UK. It is the court process, the terminology and the succession rights that differ.Scotland: confirmation
Confirmation is applied for at the Sheriff Court, and the application must include a detailed inventory of everything in the estate, item by item, with values. Scottish succession law also gives a surviving spouse or civil partner and any children 'legal rights' — a fixed share of the moveable estate that applies regardless of what the will says. That single difference means an English-style DIY process can produce a distribution that is legally wrong in Scotland.
Northern Ireland
Northern Ireland uses the same vocabulary as England & Wales — probate, letters of administration, executors — but the application goes to the Northern Ireland Courts & Tribunals Service on its own forms, and fees are set separately. An England & Wales grant does not automatically operate there without resealing.
Which jurisdiction applies to your estate
- Start with where the deceased was domiciled — broadly, their permanent home.
- Then look at where each asset sits: a Scottish property will normally need Scottish steps.
- The executor's own address is irrelevant to which jurisdiction applies.
- A grant from one UK jurisdiction can often be recognised or resealed in another, but the route depends on domicile — take advice for cross-border estates.
What we can and cannot do
Our guided service covers estates dealt with in England & Wales only. If your estate belongs in Scotland or Northern Ireland, the free suitability checker will say so before you pay anything, and we will point you to the right service.Frequently asked questions
- Is probate the same in Scotland?
- No. Scotland uses confirmation, applied for at the Sheriff Court with a full itemised inventory of the estate, and Scottish succession law gives a spouse and children fixed legal rights over the moveable estate.
- Does an English grant of probate work in Scotland?
- A grant issued in England & Wales can generally be recognised for Scottish assets where the deceased was domiciled in England or Wales, but where domicile was Scottish, confirmation is the correct route. Take advice on cross-border estates.
- Is Inheritance Tax different in Scotland or Northern Ireland?
- No. Inheritance Tax is a UK-wide tax with the same thresholds, allowances and HMRC forms everywhere in the UK. Only the court process differs.
- Can I use this service for a Scottish or Northern Irish estate?
- No. Our forms, checklists and guidance are built for the England & Wales system. The free suitability check asks about jurisdiction first, and we will not take a payment for an estate we cannot help with.
Dealing with a straightforward estate yourself? Check if you can do probate yourself — free, 3 questions • no account needed • £349 only if you choose to continue.
Guides that go deeper
- Registering a death: what to take and what you getHow to register a death in England & Wales, who can register it, what to bring to the appointment, and how many death certificates to order.
- Probate for a small estate: when you don't need a grantWhen a small estate can be settled without probate, bank small-estate limits, the indemnity forms involved, and when a grant is unavoidable.
Sources
Continue your probate journey
Apply For Probate Online is an independent self-help service and is not part of HM Courts & Tribunals Service or GOV.UK.