Bond of Caution
If the deceased did not leave a Will and you are not the spouse, you will need to obtain a Bond of Caution before Confirmation can be issued. This is an insurance against someone applying for Confirmation when they are not entitled to do so, or against an executor failing to distribute the estate according to law.
You should apply to the Sheriff Clerk's Office for Confirmation in the normal way. After applying, you will be given a form to take to an insurance company which specialises in this type of work, from which you must obtain a Bond of Caution before the Sheriff Clerk can issue Confirmation. The Sheriff Clerk's office will provide you with information on Bonds of Caution and an application form, and inform you of the companies which can carry out this for you. The insurance company will charge a fee for this. Please note the Bond of Caution is not normally produced immediately.
Once you have received the Bond of Caution you should return the application for Confirmation and the Bond, along with any fee payable (see below), to the Sheriff Clerk's Office which will prepare the Confirmation without delay.
Leaflets & Publications