Establishing next of kin / representative details for someone who has died

Where there is no Executor Social Security Scotland will have to decide who to appoint. The Agency should make enquires with the Sheriff Court to confirm who has been appointed as Executor and to obtain an inventory of any estate.

If the Sherriff Court is unable to confirm an Executor, the agency can make contact with known relatives of the deceased (details of which the deceased may have provided in their application e.g. next of kin) in order to establish who is to be appointed Executor.

In circumstances where no Executor has been appointed (for a variety of reasons which may include the small size of an estate), the Social Security (Scotland) 2018 Act allows for appointees to be put in place to act on behalf of the entitled person in connection with their entitlement to assistance. This specifically provides for situations where the entitled person is deceased. These appointees are able to receive payments on behalf of the entitled person and it is assumed the appointee places the funds with the deceased’s estate