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Probate records are court records dealing with the distribution of a person’s estate after death. Information recorded may include the death date, names of heirs and guardian, relationships, residences, inventories of the estate (including household goods), and names of witnesses.
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These records are very helpful because probate actions were recorded long before birth, marriage, and death registration.
==Online Resources==


Probate records were not created for every person who died. They were made primarily by the middle and upper classes, most of whom were nobility, gentry, merchants, or tradesmen. However, probate records are a very valuable source not to be overlooked.
*[https://search.findmypast.com/search-world-Records/scotland-will-and-testament-index-1481-1807 Scotland, Will and Testament Index 1481-1807] - Findmypast ($)
*[https://www.scotlandspeople.gov.uk/advanced-search#{%22category%22:%22legal%22,%22record%22:%22legal-wills-testaments%22} ScotlandsPeople: Wills and testaments] ($) - free, searchable index but pay to see image
*[https://search.ancestry.com/search/db.aspx?dbid=60558 Scotland, National Probate Index (Calendar of Confirmations and Inventories), 1876-1936] ($)
*[http://search.ancestry.com/search/db.aspx?dbid=6344 Aberdeen, Scotland, Register of Testaments, 1715-1800] ($)
*[https://search.ancestry.com/search/db.aspx?dbid=1904&geo_a=r&o_iid=62817&o_lid=62817&o_sch=Web+Property England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1966, 1973-1995] ($) - may include wills of Scottish people.


=== General Historical Background ===
'''To learn more about Scottish probate records:'''


In Scotland before 1868, it was not possible to leave land to a person by using a will. It was only possible to give other types of property, known as moveable property, by means of a testament. There are two types of testaments:
*[https://www.scotlandspeople.gov.uk/guides/wills-and-testaments ScotlandsPeople]
*[https://www.nrscotland.gov.uk/research/guides/wills-and-testaments National Records of Scotland]


* If a person died leaving a testament that named an executor, the document confirming that executorship and the attached testament is called a testament-testamentar.
==Historical Background==
* If a person died without leaving a testament and the court appointed an executor to administer the estate, then the confirming document is called a testament- dative.
Scotland has no 'probate' records - the term is 'confirmation.' The primary document is called a 'testament.' <br>
<br>
Testaments are court records dealing with the distribution of a person’s estate after death. These records can be very helpful because they were recorded long before statutory birth, marriage, and death registration began in 1855.
Testaments were made primarily by the middle and upper classes, most of whom were:


To inherit unmovable property such as land, heirs had to prove in court their right to inherit. The records granting these rights are called services of heirs. Records of actual transfers of land are called sasines. You will find more information about these records in the "[[Scotland Land and Property|Land and Property]]" section of this outline.
*Nobility
*Gentry
*Merchants
*Tradesmen.


=== Determining the Court ===
However, they are a very valuable source not to be overlooked regardless of the social standing of your ancestors.


Before the Scottish Reformation and the establishment of the Presbyterian Church in 1592, confirmation of testaments was the prerogative of Episcopal (bishop’s) courts. Their subordinates, called official or commissariat courts actually carried out the probate function.
Information recorded in testaments may include:


After the reformation in 1560, fifteen commissariats were established by royal authority. The principal commissariat court was in Edinburgh, and it had both local and general jurisdiction. The territorial extent of the commissariat courts paid little attention to county boundaries.
*Death dates
*Names of Heirs and Guardian
*Relationships
*Residences
*Inventories of the estate (including household goods)
*Names of witnesses.


To help you determine which commissariat court had jurisdiction over which parishes and counties, see the following guides:
On the other hand, as there were very strict rules about the distribution of ''moveable'' property, there was no need to name a widow/widower or children, and often they are not named at all.


''Testaments and Commissariat Records of Scotland.'' Salt Lake City, Utah: Genealogical Society of Utah, 1972. (FHL book 941 P2gs; fiche 6054479.)
Essentially, a surviving spouse had to inherit a third, the children one third and the deceased could dispose of the last third (''the deid's part'') by a ''latterwill'' or ''legacie''. There were further rules to complicate matters, but that's the essentials of it.
===Movable Property Only===


Cecil Sinclair. ''Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office''. Edinburgh, Scotland: Her Magesty’s Stationery Office, 1990. (FHL book 941 D27s).
In Scotland before 1868, it was not possible to leave ''immoveable'' property (land, buildings, titles or other ''heritables'') to a person by means of a will. It was only possible to give personal property, known as ''moveable'' property, by means of a testament.  


After 1823, testaments were proven by commissariat departments within the sheriff courts. The boundaries of these courts’ jurisdiction is the same as the county boundaries, but the names of the courts are not necessarily the same as the names of the counties.
There are two types of testaments:


To determine a court after 1823 you need only know in which county your ancestor lived. You can then use the records of the sheriff court for that county. Lists of the counties and their sheriff courts are found in the guides mentioned previously.
*If a person died leaving a testament that named an executor, the document confirming that executorship and the attached testament is called a ''testament testamentar''. This will include a ''latterwill'' or ''legacie'' expressing the deceased's wishes.
*If a person died without leaving a testament and the court appointed an executor to administer the estate, then the confirming document is called a ''testament dative''.
*Both of these will also contain an ''inventar'' (inventory of moveable property)


The commissariats were absorbed by the sheriff courts, which now handles executory matters.
===Immovable Property===


=== Finding Probate Records ===
To inherit immovable property such as land, heirs had to prove to an ''Inquisition'' (essentially a jury of local people) their right to inherit. The records granting these rights are called [[Service of Heirs or Retours|''retours'' or ''services of heirs'']]. Records of actual transfers of land are called ''[[Sasines|sasines]]''. You will find more information about these records in the [[Scotland Land and Property|Land and Property]] section of the Wiki.


The original records of the commissariat and sheriff courts are housed at the National Archives of Scotland in Edinburgh (see the "[[Scotland Archives and Libraries|Archives and Libraries]]" section for the address).
==Determining Court Jurisdictions==


The Family History Library has microfilm copies of the commissariat court records to 1823 and some sheriff court records. To find these records, look in the Locality Search of the [http://www.familysearch.org/Eng/Library/FHLC/frameset_fhlc.asp Family History Library Catalog] under:
Before the Scottish Reformation and the establishment of the Presbyterian Church in 1592, confirmation of testaments was the prerogative of Episcopal (bishop’s) courts. Their subordinates, called official or ''commissariat ''courts actually carried out the probate function.  


SCOTLAND - PROBATE RECORDS
After the reformation in 1560, fifteen (eventually 22) commissariats were established by royal authority. The principal commissariat court was in Edinburgh, and it had both local and general jurisdiction. The territorial extent of the commissariat courts paid little attention to county boundaries. This system stayed in force until the end of 1823.


SCOTLAND, [COUNTY] - PROBATE RECORDS
It is important to note that there was no requirement to have a testament confirmed in any particular comissariat. While many testiments were confirmed at the comissariat nearest to the residence of the deceased, plenty were confirmed at courts far from one's residence, often including Edinburgh. It may be useful to conduct a general search among all commissariots if a testiment does not appear in the most geographically logical location for your ancestor. Along with individual parish pages on the Research Wiki, the following books are useful for determining at which courts testiments from residents of a particular parish were confirmed:


'''Scottish Archives Network (SCAN):'''
*''Testaments and commissariot courts of Scotland, 1972''. Salt Lake City, Utah: Genealogical Society of Utah, 1972. (FS Library call no. {{FSC|425488|title-id|disp=941 P2gs}}.)
*Cecil Sinclair. ''Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office''. Edinburgh, Scotland: Her Magesty’s Stationery Office, 1990. (FS Library call no. {{FSC|941 D27s|disp=941 D27s}}). Identifies court(s) by county along with ending dates for Commissariot and beginning dates for Sheriffs Court, which often overlap.
*Kathleen Cory. ''Tracing Your Scottish Ancestors, Third Edition''. Baltimore, MD: Genealogical Publishing Company, 2004. Appendix III provides a table listing all parishes, among other things identifying Commissariot(s) which included that parish, and date of first testament or inventory for the parish.


The Scottish Archives Network (SCAN) has created a fully searchable index to wills and testaments.&nbsp;It is available online through the ScotlandsPeople web site (see Indexes below). You must register to use the website, then access to the probate index is free.&nbsp;You may pay to view a copy of the probate records if you wish,then you can print it on your computer.&nbsp; <!--{12048460599530} --><!--{12048460599531} --><!--{12048460599532} --><!--{12048460599533} --><!--{12048460599534} -->
After 1823 (the system took a few years to fully evolve), testaments were confirmed by commissariat departments within the sheriff courts. The boundaries of these courts’ jurisdictions are the same as the county boundaries, but the names of the courts are not necessarily the same as the names of the counties.  
<!--{12048460599535} -->


=== Indexes to Probate Records ===
To determine a court after 1823 you need only know in which county your ancestor lived. You can then use the records of the sheriff court for that county. Lists of the counties and their sheriff courts are found on the website and in the guides mentioned above. This list comes from the National Records of Scotland [https://www.nrscotland.gov.uk/research/guides/sheriff-court-records research guide to sheriff courts]:


To find a probate record of interest, you should first search available indexes. To access the free online index available through the ScotlandsPeople website, click [[Search for Scottish Testaments on Scotland’s People|here]].
====Sheriff Court Records by County====


'''Indexes to Commissariat Records'''
*Aberdeenshire - Aberdeen SC1 and Peterhead SC4
*Angus (Forfarshire ) - Arbroath SC43, Dundee SC45 and Forfar SC47
*Argyll - Campbeltown SC50, Dunoon SC51, Fort William (Argyll) SC52 (closed 1938), Inveraray SC54 (closed 1903), Oban SC57 and Tobermory SC59 (closed 1905)
*Ayrshire - Ayr SC6 and Kilmarnock SC7
*Banffshire - Banff SC2
*Berwickshire - Duns SC60
*Buteshire - Rothesay SC8
*Caithness - Wick SC14
*Clackmannanshire - Alloa SC64
*Dumfriesshire - Dumfries SC15
*Dunbartonshire - Dumbarton SC65
*East Lothian (Haddingtonshire) - Haddington SC40
*Edinburgh City - Edinburgh SC39 and Leith SC69 (closed 1920)
*Fife - Cupar SC20, Dunfermline SC21 and Kirkcaldy SC23
*Glasgow City - Glasgow SC36 and Paisley SC58
*Inverness-shire - Fort William (Inverness-shire) SC28, Inverness SC29, Lochmaddy SC30 and Portree SC32
*Kincardineshire - Stonehaven SC5
*Kinross-shire - Kinross SC22 (closed 1975)
*Kirkcudbrightshire - Dumfries (Kirkcudbright) SC17 (closed 1941) and Kirkcudbright SC16 (1623-1961)
*Lanarkshire - Airdrie SC35, Glasgow SC36, Hamilton SC37 and Lanark SC38
*Midlothian (Edinburghshire) - Edinburgh SC39
*Moray (Elginshire) - Elgin SC26
*Nairnshire - Nairn SC31 (closed 1977)
*Orkney - Kirkwall SC11 (held in Kirkwall) and Orkney & Shetland SC10 (17th century only)
*Peebleshire - Peebles SC42
*Perthshire - Dunblane SC44 (closed 1975) and Perth SC49
*Renfrewshire - Greenock SC53 and Paisley SC58&
*Ross and Cromarty -Cromarty SC24 (closed 1934), Dingwall SC25, Stornoway SC33 and Tain SC34
*Roxburghshire - Hawick SC61 and Jedburgh SC62
*Selkirkshire - Selkirk SC63
*Shetland - Lerwick SC12 (held in Lerwick) and Orkney & Shetland SC10 (17th century only)
*Stirlingshire - Falkirk SC66 and Stirling SC67
*Sutherland - Dornoch SC9
*West Lothian (Linlithgowshire) - Linlithgow SC41
*Wigtownshire - Stranraer SC18 and Wigtown SC19 (closed 1975)


The Scottish Record Society at http://www.scottishrecordsassociation.org/&nbsp;has published indexes to the Commissariat Court records to 1800 (FHL book 941 B4sr). Other indexes are available for 1800 to 1823 and for 1800 to 1829 for Edinburgh, Haddington, and Linlithgow.
In 1876 the commissariats were absorbed by the sheriff courts, which now handle executory matters.


You can find Family History Library film numbers for indexes to probate records in:
==Finding Testamentary Records==


''Testaments and Commissariat Records of Scotland.'' Salt Lake City, Utah: Genealogical Society of Utah, 1972. (FHL book 941 P2gs; fiche 6054479.)
The original records of the commissariat and sheriff courts are housed at the [http://www.nas.gov.uk/ National Archives of Scotland] in Edinburgh.  


You can also look in the Locality Search of the Family History Library Catalog under:
The FamilySearch Library has microfilm copies of the commissariat court records to 1823 and some sheriff court records. To find these records, look in the Locality Search of the [https://www.familysearch.org/search/catalog FamilySearch Catalog] under:  


SCOTLAND - PROBATE RECORDS - INDEXES
*Scotland -- Probate records
*Scotland, [County] -- Probate records


SCOTLAND, [COUNTY] - PROBATE RECORDS - INDEXES
You may also access testamentary records online through the ScotlandsPeople web site (see Indexes below).


'''Indexes to Sheriff’s Court Records'''
===Indexes to Testamentary Records===


'''1824 to 1845.''' Indexes for sheriff court records for these years are available only in Scotland at the Scottish Record Office (see the "Archives and Libraries" section of this outline for the address).
To find a record of interest, you should first search an index. Scottish testamentary records, for 1513-1925, are indexed online on the [http://www.scotlandspeople.gov.uk ScotlandsPeople] website. You must register to use the website then it is free to search the index. Once you have found a probate of interest in the index, you may pay to view a copy of the records if you wish, then you can print and/or save it to your computer.  


'''1846 to 1867.''' For indexes to sheriff’s court records from 1846 to 1845, see:
Other printed and microfilmed indexes are available through FamilySearch. To find them listed in the  [https://www.familysearch.org/search/catalog FamilySearch Catalog], do a Place search for:  


''Indexes to Personal Estates of Defuncts''. Edinburgh, Scotland: Scottish Record Office, 1985. (FHL films 1368215-17.) These are indexes to the inventories of the estates of the deceased.
*Scotland -- Probate records--Indexes
*Scotland, [County] -- Probate records--Indexes


When you find a reference to an inventory, you can find a Family History Library microfilm number in:
For the years 1876-1936, the FS Library has bound volumes and microfilms of the [https://familysearch.org/search/catalog/307501 Calendars of Confirmations and Inventories]. You can obtain information from the Confirmations such as name of deceased, where living at time of death, when and where died, occupation, and the person or persons named as executors or administrators.


''Testaments and Commissariat Courts of Scotland''. Salt Lake City, Utah: Genealogical Society of Utah, 1972. (FHL book 941 P2gs; fiche 6054479.)
===Difficulties in Finding a Testament===


You can also use the Locality Search of the Family History Center Catalog to see if the library has any records for your county of interest.
If you have difficulty locating a testament, keep these points in mind:


If the Family History Library does not have any records for the county you want, you will need to write to the Scottish Record Office to determine if a testament exists and to obtain a copy.
*Only a small percentage of the population of Scotland left testaments.
*A person’s pre-1823 testament could have been proved in the Commissary Court of Edinburgh, or any other commissariat, even though he or she lived elsewhere in the country.
*A person’s post-1823 testament could have been proved in the Sheriff Court of Edinburgh even though he or she lived elsewhere in the country.
*A person who died outside of Scotland but who owned property within Scotland would have his or her testament proved in an Edinburgh court and sometimes also in an English court, such as the Prerogative Court of Canterbury (available by searching the [http://discovery.nationalarchives.gov.uk/SearchUI/Home/OnlineCollections The National Archives]
*Testaments for women may be under their maiden name.


'''1868 to 1875.''' Indexes and probate records for these years are available only at the Scottish Record Office.
===Books to Help Understanding Testaments===


'''1876 to 1959.''' There is a series of annual printed indexes called:
*Burness, Lawrence. ''A Scottish Genealogist’s Glossary''. Aberdeen: Aberdeen & North East Scotland Family History Society, c1990. (FS Library call no. 941 D27bL)
*Burness, Lawrence. ''A Scottish Historian’s Glossary''. [Scotland]: Scottish Association of Family History Societies, c1997. (FS Library call no. 941 H26b)
*''Encyclopedia of the Laws of Scotland''. 16 vols and 2 supps. Edinburgh: W. Green & Son, Ltd., 1926. (FS Library call no. 941 P36e) Note: Vol. 11 is available at [https://www.archive.org/details/greensencyclopae11chis archive.org]
*Gibb, Andrew Dewar. ''Student’s Glossary of Scottish Legal Terms''. Edinburgh: W. Green & Son, Ltd., 1946 (FS Library call no. 941 P36g)
*Gouldesbrough, Peter. ''Formulary of Old Scots Legal Documents''. Vol. 36 Edinburgh: The Stair Society, 1985. (FS Library call no. 941 B4st v. 36)


''Calendar of Confirmations and Inventories''. Edinburgh, Scotland: Her Majesty’s Stationery Office, n.d. (FHL book Q941 P2s; films 990433, 990447-68, and 1440931-6.) The library has the calendars for 1876 to 1936. If you find a reference to a probate record in the calendars, you will have to write to the Scottish Record Office to obtain a copy of the probate record. <!--{12045654514214} --><!--{12045654514215} --><!--{12045654514216} --><!--{12045654514217} -->
{{Template:Pros-Scot}}  
<!--{12045654514218} -->


=== Difficulties in Finding a Probate Record ===
{{Place|Scotland}}


If you have difficulty locating a probate record, keep these points in mind:
[[Category:Scotland Probate Records]]
 
[[Category:Probate Records]]
* Only a small percentage of the population of Scotland left testaments.
[[Category:Scotland]]
* A person’s pre-1823 testament could have been proved in the Commissary Court of Edinburgh even though he or she lived elsewhere in the country.
* A person’s post-1823 testament could have been proved in the Sheriff Court of Edinburgh even though he or she lived elsewhere in the country.
* A person who died outside of Scotland but who owned property within Scotland would have his or her testament proved in an Edinburgh court or the Prerogative Court of Canterbury.
* Testaments for women may be under their maiden name.
 
[[Category:Scotland]]<br>

Latest revision as of 19:26, 3 June 2024


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Online Resources[edit | edit source]

To learn more about Scottish probate records:

Historical Background[edit | edit source]

Scotland has no 'probate' records - the term is 'confirmation.' The primary document is called a 'testament.'

Testaments are court records dealing with the distribution of a person’s estate after death. These records can be very helpful because they were recorded long before statutory birth, marriage, and death registration began in 1855. Testaments were made primarily by the middle and upper classes, most of whom were:

  • Nobility
  • Gentry
  • Merchants
  • Tradesmen.

However, they are a very valuable source not to be overlooked regardless of the social standing of your ancestors.

Information recorded in testaments may include:

  • Death dates
  • Names of Heirs and Guardian
  • Relationships
  • Residences
  • Inventories of the estate (including household goods)
  • Names of witnesses.

On the other hand, as there were very strict rules about the distribution of moveable property, there was no need to name a widow/widower or children, and often they are not named at all.

Essentially, a surviving spouse had to inherit a third, the children one third and the deceased could dispose of the last third (the deid's part) by a latterwill or legacie. There were further rules to complicate matters, but that's the essentials of it.

Movable Property Only[edit | edit source]

In Scotland before 1868, it was not possible to leave immoveable property (land, buildings, titles or other heritables) to a person by means of a will. It was only possible to give personal property, known as moveable property, by means of a testament.

There are two types of testaments:

  • If a person died leaving a testament that named an executor, the document confirming that executorship and the attached testament is called a testament testamentar. This will include a latterwill or legacie expressing the deceased's wishes.
  • If a person died without leaving a testament and the court appointed an executor to administer the estate, then the confirming document is called a testament dative.
  • Both of these will also contain an inventar (inventory of moveable property)

Immovable Property[edit | edit source]

To inherit immovable property such as land, heirs had to prove to an Inquisition (essentially a jury of local people) their right to inherit. The records granting these rights are called retours or services of heirs. Records of actual transfers of land are called sasines. You will find more information about these records in the Land and Property section of the Wiki.

Determining Court Jurisdictions[edit | edit source]

Before the Scottish Reformation and the establishment of the Presbyterian Church in 1592, confirmation of testaments was the prerogative of Episcopal (bishop’s) courts. Their subordinates, called official or commissariat courts actually carried out the probate function.

After the reformation in 1560, fifteen (eventually 22) commissariats were established by royal authority. The principal commissariat court was in Edinburgh, and it had both local and general jurisdiction. The territorial extent of the commissariat courts paid little attention to county boundaries. This system stayed in force until the end of 1823.

It is important to note that there was no requirement to have a testament confirmed in any particular comissariat. While many testiments were confirmed at the comissariat nearest to the residence of the deceased, plenty were confirmed at courts far from one's residence, often including Edinburgh. It may be useful to conduct a general search among all commissariots if a testiment does not appear in the most geographically logical location for your ancestor. Along with individual parish pages on the Research Wiki, the following books are useful for determining at which courts testiments from residents of a particular parish were confirmed:

  • Testaments and commissariot courts of Scotland, 1972. Salt Lake City, Utah: Genealogical Society of Utah, 1972. (FS Library call no. 941 P2gs.)
  • Cecil Sinclair. Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office. Edinburgh, Scotland: Her Magesty’s Stationery Office, 1990. (FS Library call no. 941 D27s). Identifies court(s) by county along with ending dates for Commissariot and beginning dates for Sheriffs Court, which often overlap.
  • Kathleen Cory. Tracing Your Scottish Ancestors, Third Edition. Baltimore, MD: Genealogical Publishing Company, 2004. Appendix III provides a table listing all parishes, among other things identifying Commissariot(s) which included that parish, and date of first testament or inventory for the parish.

After 1823 (the system took a few years to fully evolve), testaments were confirmed by commissariat departments within the sheriff courts. The boundaries of these courts’ jurisdictions are the same as the county boundaries, but the names of the courts are not necessarily the same as the names of the counties.

To determine a court after 1823 you need only know in which county your ancestor lived. You can then use the records of the sheriff court for that county. Lists of the counties and their sheriff courts are found on the website and in the guides mentioned above. This list comes from the National Records of Scotland research guide to sheriff courts:

Sheriff Court Records by County[edit | edit source]

  • Aberdeenshire - Aberdeen SC1 and Peterhead SC4
  • Angus (Forfarshire ) - Arbroath SC43, Dundee SC45 and Forfar SC47
  • Argyll - Campbeltown SC50, Dunoon SC51, Fort William (Argyll) SC52 (closed 1938), Inveraray SC54 (closed 1903), Oban SC57 and Tobermory SC59 (closed 1905)
  • Ayrshire - Ayr SC6 and Kilmarnock SC7
  • Banffshire - Banff SC2
  • Berwickshire - Duns SC60
  • Buteshire - Rothesay SC8
  • Caithness - Wick SC14
  • Clackmannanshire - Alloa SC64
  • Dumfriesshire - Dumfries SC15
  • Dunbartonshire - Dumbarton SC65
  • East Lothian (Haddingtonshire) - Haddington SC40
  • Edinburgh City - Edinburgh SC39 and Leith SC69 (closed 1920)
  • Fife - Cupar SC20, Dunfermline SC21 and Kirkcaldy SC23
  • Glasgow City - Glasgow SC36 and Paisley SC58
  • Inverness-shire - Fort William (Inverness-shire) SC28, Inverness SC29, Lochmaddy SC30 and Portree SC32
  • Kincardineshire - Stonehaven SC5
  • Kinross-shire - Kinross SC22 (closed 1975)
  • Kirkcudbrightshire - Dumfries (Kirkcudbright) SC17 (closed 1941) and Kirkcudbright SC16 (1623-1961)
  • Lanarkshire - Airdrie SC35, Glasgow SC36, Hamilton SC37 and Lanark SC38
  • Midlothian (Edinburghshire) - Edinburgh SC39
  • Moray (Elginshire) - Elgin SC26
  • Nairnshire - Nairn SC31 (closed 1977)
  • Orkney - Kirkwall SC11 (held in Kirkwall) and Orkney & Shetland SC10 (17th century only)
  • Peebleshire - Peebles SC42
  • Perthshire - Dunblane SC44 (closed 1975) and Perth SC49
  • Renfrewshire - Greenock SC53 and Paisley SC58&
  • Ross and Cromarty -Cromarty SC24 (closed 1934), Dingwall SC25, Stornoway SC33 and Tain SC34
  • Roxburghshire - Hawick SC61 and Jedburgh SC62
  • Selkirkshire - Selkirk SC63
  • Shetland - Lerwick SC12 (held in Lerwick) and Orkney & Shetland SC10 (17th century only)
  • Stirlingshire - Falkirk SC66 and Stirling SC67
  • Sutherland - Dornoch SC9
  • West Lothian (Linlithgowshire) - Linlithgow SC41
  • Wigtownshire - Stranraer SC18 and Wigtown SC19 (closed 1975)

In 1876 the commissariats were absorbed by the sheriff courts, which now handle executory matters.

Finding Testamentary Records[edit | edit source]

The original records of the commissariat and sheriff courts are housed at the National Archives of Scotland in Edinburgh.

The FamilySearch Library has microfilm copies of the commissariat court records to 1823 and some sheriff court records. To find these records, look in the Locality Search of the FamilySearch Catalog under:

  • Scotland -- Probate records
  • Scotland, [County] -- Probate records

You may also access testamentary records online through the ScotlandsPeople web site (see Indexes below).

Indexes to Testamentary Records[edit | edit source]

To find a record of interest, you should first search an index. Scottish testamentary records, for 1513-1925, are indexed online on the ScotlandsPeople website. You must register to use the website then it is free to search the index. Once you have found a probate of interest in the index, you may pay to view a copy of the records if you wish, then you can print and/or save it to your computer.

Other printed and microfilmed indexes are available through FamilySearch. To find them listed in the FamilySearch Catalog, do a Place search for:

  • Scotland -- Probate records--Indexes
  • Scotland, [County] -- Probate records--Indexes

For the years 1876-1936, the FS Library has bound volumes and microfilms of the Calendars of Confirmations and Inventories. You can obtain information from the Confirmations such as name of deceased, where living at time of death, when and where died, occupation, and the person or persons named as executors or administrators.

Difficulties in Finding a Testament[edit | edit source]

If you have difficulty locating a testament, keep these points in mind:

  • Only a small percentage of the population of Scotland left testaments.
  • A person’s pre-1823 testament could have been proved in the Commissary Court of Edinburgh, or any other commissariat, even though he or she lived elsewhere in the country.
  • A person’s post-1823 testament could have been proved in the Sheriff Court of Edinburgh even though he or she lived elsewhere in the country.
  • A person who died outside of Scotland but who owned property within Scotland would have his or her testament proved in an Edinburgh court and sometimes also in an English court, such as the Prerogative Court of Canterbury (available by searching the The National Archives
  • Testaments for women may be under their maiden name.

Books to Help Understanding Testaments[edit | edit source]

  • Burness, Lawrence. A Scottish Genealogist’s Glossary. Aberdeen: Aberdeen & North East Scotland Family History Society, c1990. (FS Library call no. 941 D27bL)
  • Burness, Lawrence. A Scottish Historian’s Glossary. [Scotland]: Scottish Association of Family History Societies, c1997. (FS Library call no. 941 H26b)
  • Encyclopedia of the Laws of Scotland. 16 vols and 2 supps. Edinburgh: W. Green & Son, Ltd., 1926. (FS Library call no. 941 P36e) Note: Vol. 11 is available at archive.org
  • Gibb, Andrew Dewar. Student’s Glossary of Scottish Legal Terms. Edinburgh: W. Green & Son, Ltd., 1946 (FS Library call no. 941 P36g)
  • Gouldesbrough, Peter. Formulary of Old Scots Legal Documents. Vol. 36 Edinburgh: The Stair Society, 1985. (FS Library call no. 941 B4st v. 36)


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