Selling an inherited house in Scotland

Inheriting a property is rarely simple, and Scotland's system has its own rules that differ from England. Here's what actually happens, and how to sell an inherited home without letting it drain the estate while you wait.

Confirmation, not probate

In Scotland the person dealing with the estate (the executor) applies for Confirmation — the Sheriff Court document that gives legal authority to deal with and sell the deceased's assets. It's the Scottish equivalent of probate. You can accept an offer on the house before Confirmation is granted, but the sale cannot legally complete until it comes through, which can take anywhere from a few weeks to several months.

Legal Rights can affect who inherits

Scots law gives a surviving spouse, civil partner and children automatic "Legal Rights" over part of the moveable estate, regardless of the will. It rarely stops a property sale, but it can affect how proceeds are divided — so it's worth understanding early.

Tax to be aware of

An estate may face Inheritance Tax, and if the property rises in value between the date of death and the date of sale, Capital Gains Tax can apply to that gain. The figures depend on your circumstances and change over time, so take proper advice — but factor them into your planning.

The hidden cost of holding an inherited home

An empty inherited property isn't free to keep. Expect specialist unoccupied-property insurance, possible empty-property council tax, maintenance, and the security risk of a house sitting visibly vacant. Every month it stands empty, it's costing the estate.

Selling once you're able

This is where a cash sale fits an inherited property well: you can agree a price and hold it while Confirmation runs its course, then complete quickly the moment you have authority — with no need to clear or repair the house first. That's exactly what our inherited-property service is built for, whether the home is in Glasgow, Edinburgh or anywhere else we cover.