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Who should attend ?

If there is a Will, then normally the executor it names should attend. If more than one person is appointed as executor in a Will, only one needs to attend at the Sheriff Clerk's Office to complete the documents. However, all living executors will be confirmed and have equal authority over the distribution of the estate.

If there is no Will, the executor will normally be the next of kin. This means the surviving spouse/civil partner or, if there is no spouse/civil partner, the deceased's nearest relative. If you are not sure who is entitled to act as executor, the Sheriff Clerk will advise you. The usual order of people entitled to act as executor is:

1st - spouse

2nd - child

3rd - brother/sister/parent

If there is any confusion about who the executor is, then the Sheriff Clerk's Office will advise.

If you are unsure about the validity of a Will or have any other concerns about anything left in writing by the deceased, the Sheriff Clerk's staff will be happy to help. If you wish, you can bring a relative or friend to the appointment.