Who Clears a House When Someone Dies? A Guide for Families in Scotland

When someone dies, clearing their home is usually the responsibility of the executor: the person named in the will or, where there is no will, an executor-dative appointed by the sheriff court. In practice that is often a son, daughter, partner or close friend, sometimes working with a solicitor. The executor does not have to do the heavy lifting personally. Many families in Scotland take out what they want to keep and then ask a professional house clearance company to deal with the rest.

If the property is in Glasgow, our Glasgow guide to clearing a loved one's home covers council services, recycling centres and local tenancies in more detail.

Who is responsible for clearing the house?

Responsibility follows the estate. Whoever is legally in charge of the deceased's affairs is usually responsible for their belongings, and that includes everything in their home.

• If there is a will: the executor named in it is responsible. Where there is more than one executor, they should agree decisions together.
• If there is no will: a relative, usually the closest, can apply to the sheriff court to be appointed executor-dative. Until someone holds that role, nobody should treat the contents as theirs to sell or give away.
• If a solicitor is handling the executry: the solicitor will often coordinate the clearance on the executor's behalf and may instruct a clearance company directly.

Other relatives are not automatically responsible, although families usually share the work. The cost of a clearance is normally met from the estate, along with the other costs of winding up the person's affairs. If there is little or no money in the estate, speak to the solicitor, or the landlord if the home was rented, before committing to anything.

Confirmation: the Scottish equivalent of probate

In England and Wales people talk about probate. In Scotland the equivalent is confirmation, which is granted by the sheriff court. Confirmation gives the executor legal authority to deal with the estate, such as closing accounts and selling property.

An estate worth £36,000 or less counts as a small estate, and there is a simpler process for it. The Scottish Courts and Tribunals Service explains how this works in its guidance on small estates.

Can you clear a house before confirmation?

Some jobs cannot wait. Securing the property, emptying the fridge, collecting the post and keeping important documents safe can all happen straight away. Selling, donating or throwing out anything of value is different. Because confirmation is what gives the executor authority over the estate, it is wise to check with the solicitor before a full clearance goes ahead. Keep a record of what is removed, look out for anything the will leaves to a particular person, and photograph valuable items before they leave the house.

If the person rented their home

A rented home usually adds a deadline, because the landlord will want the property back.

• Council or housing association homes: someone who lived with the tenant may qualify to take over (succeed to) the Scottish secure tenancy. If they qualify but do not want it, they must tell the landlord in writing within four weeks of the tenant's death. Landlords normally expect belongings to be removed so the property can be returned, so ask what timescale they are working to.
• Private rentals: contact the landlord or letting agent early, explain what has happened and agree when the keys need to be handed back.

Do not assume the landlord will clear the contents. The belongings are part of the estate, so the executor needs to deal with them.

Practical steps, in order

1. Secure the property. Lock up, check the windows and tell the home insurer the house is empty, as some policies have conditions for unoccupied homes.
2. Find the important papers. Look for the will, bank and pension letters, insurance documents and title deeds, and keep them together somewhere safe.
3. Deal with perishables and utilities. Empty the fridge and bins and contact the suppliers, keeping the electricity on while you are still sorting.
4. Talk as a family. Agree who would like which items before anything leaves, and honour anything left to someone in the will.
5. Value anything significant. Jewellery, art, antiques and collections may need a professional valuation for the estate.
6. Decide what to keep, sell, donate and clear. Our checklist on preparing a home before a clearance team arrives walks through this step by step.
7. Book the clearance. Once the family has what it wants, a clearance company can remove everything else and leave the property empty for sale or handover.

Looking after yourself along the way

Clearing the home of a parent, partner or friend is one of the hardest parts of a bereavement. Every drawer can bring back a memory.

• Go at a pace you can manage. Unless a landlord is waiting, there is rarely a need to do everything in one weekend.
• Bring someone with you, even if they only make the tea and carry boxes.
• Keep a box for things you are not ready to decide about, and photograph objects you want to remember but have no space to keep.
• If grief starts to feel too heavy, talk to your GP or a bereavement counselling service.

Passing good furniture and household items on can help too. Zero Waste Scotland runs a national reuse tool for finding organisations that collect usable items.

When to bring in professionals

A professional clearance makes sense when the family lives far away, the home is large or very full, or a landlord or buyer needs the property empty by a set date. It also gives executors and solicitors a clear, documented process.

Whoever you choose, check that they are a registered waste carrier. Under the duty of care in Scotland, you must only give waste to an authorised person, and SEPA keeps a public register of waste carriers you can search. Our list of questions to ask a clearance company before hiring them covers the other checks worth making.

How Jettison Express can help

Jettison Express carries out house clearances across central Scotland for families who have lost a loved one, solicitors handling executry clearances, estate agents and landlords. We take only what you have asked us to remove and leave everything else where it is. Our uniformed team calls ahead when they are on their way, works to an up-front rate, dismantles larger furniture and lifts carpets where needed. Everything goes to our depot to be sorted, with over 90% recycled, and we finish with a sweep and tidy, leaving paperwork once the job is complete.

We handle house clearances in Glasgow and the surrounding towns, as well as house clearances in Edinburgh, Stirling, Perth and Dundee. Where someone has died alone and was not found for some time, we also offer an unattended death clearance service.

If you are dealing with a loved one's home and would like to talk it through, contact Jettison Express or call 0333 880 6800, Monday to Friday, 8am to 6pm. We are happy to explain how a clearance would work before you decide anything.