When someone dies without a Will in Scotland, it will first be necessary for an Executor to be appointed. This is the person who is responsible for the management of the estate - ensuring that the deceased’s assets are properly gathered in and distributed. The Executor is appointed by making an application to the Sheriff Court where there is no Will.
Once the Executor is appointed, the estate can be gathered in and then distributed, once debts are paid. The estate includes all money and possessions, including the deceased’s home. Scots Law sets out who then inherits.