Where a person dies intestate (ie does not leave a Will) and either has no blood relative or none who can be easily traced, the estate both moveable and heritable (i.e. cash, shares, pension etc and land or buildings), is claimed for the Crown by the QLTR as ultimus haeres (ultimate heir). Those assets are ingathered by the QLTR Unit and, after the deceased person's debts including the funeral account have been paid, the remainder falls to the QLTR. As explained below, however, heirs often do later appear and, provided they prove relationship, the net assets of the estate can be paid to them.

Where there has been a death and there are apparently no blood relatives, the death should be reported immediately to the local Procurator Fiscal. The appropriate Local Fiscals Office contact details can be obtained from this site by the following link www.crownoffice.gov.uk/About/Departmental-Overview/COPFS-Structure Fiscals. Local Fiscals on behalf of the QLTR make preliminary enquiries to check whether there is a Will or known blood relatives. The local Fiscal - often in co-operation with the Local Authority's Legal or Housing or Social Work Department - may therefore visit the house and have a word with neighbours. Relevant papers, bank and building society passbooks, rent and pension books, driving and TV licences, passport, personal address book etc. are collected and forwarded to the QLTR Unit with a completed F8 form (provided by the QLTR Unit) which gives written details of the deceased person (such as age, parents' names). Essentially the form gives as much background information as may be known about the dead person and lists known assets and debts.

After the QLTR Unit has accepted the estate as a UH estate and has gathered the assets of it, the QLTR Unit will then advertise that and other UH estates it is currently dealing with. Every UH estate over £2,000 is advertised. The advertisement will appear in national and local press and will give the names, last known addresses and dates of birth and death of several people, plus the value of each Estate. The estates of these people are advertised as "having fallen to the Crown", but in fact the great majority will subsequently be paid to blood relatives on production of a document known as Confirmation. Genealogists on their own initiative may have traced the nearest blood relative and drawn the advertisement to his or her attention.

Confirmation is the document issued by the Commissary Department of the Sheriff Court in the area in which the deceased lived at the time of death. Confirmation appoints the blood relative as "executor dative" after proof of his or her relationship to the deceased. When this document is presented to the QLTR Unit it enables the relative to uplift the net assets held by the Unit.

QLTR UNIT, CROWN OFFICE, 25 CHAMBERS STREET , EDINBURGH , EH1 1LA .

Telephone numbers:

0844 5613804

0844 5613806

0844 5613802

0844 5613805

Fax Number: 0844 5614276

NOTE- more general guidance re 'What to do after a death in Scotland' can be obtained from the Scottish Executive website: www.scotland.gov.uk

October 2007