KLTR and Ultimus Haeres

In Scots law, when someone dies without a will and has no known family or traceable heirs, their assets fall to the Crown. In these cases, the Crown is regarded as the ultimus haeres, a Latin term meaning “ultimate heir”. 

The King’s and Lord Treasurer’s Remembrancer (“KLTR”) acts as the Crown’s representative in Scotland in these matters. In this role, the KLTR has the legal authority to administer a person's estate without requiring confirmation as executor. 

In Scottish succession law, an estate refers to the totality of a person’s assets and liabilities that have economic value at the time of death – such as land, buildings, shares, and money. The term does not imply ownership of a sporting estate or a castle. The KLTR is not aware of any unclaimed castles or country stately homes currently belonging to the Crown as ultimus haeres. 

If a person living in Scotland dies without leaving a will and with no apparent spouse, civil partner, or blood relatives, the death should be reported to the National Ultimus Haeres Unit (“NUHU”). 

NUHU, part of the Crown Office and Procurator Fiscal Service, investigates such cases. They carry out preliminary enquiries to check whether a will exists or if any traceable heirs can be identified.

To help identify potential heirs, NUHU maintains a public record of estates under investigation, allowing entitled individuals to come forward and make a claim.  

View record of deaths being investigated as potential ultimus haeres estates 

Learn more about NUHU and how to contact them

For general guidance on what to do after a death in Scotland, visit the Scottish Government’s official resource: 

What to do after a death in Scotland - practical advice for times of bereavement: revised 11th edition 2016 (web only) - gov.scot (www.gov.scot) 

If no will or entitled heirs are identified or come forward, and the estate’s value exceeds its debts, NUHU will referred the case to the KLTR. 

Once the KLTR has accepts an ultimus haeres estate, he will ingather the deceased’s assets. This includes funds held in bank accounts and proceeds from the sale of heritable property. These proceeds are first used to settle any outstanding debts and liabilities of the estate.

After deducting the KLTR’s administration fee – and, where applicable, fees for external agents – any remaining balance (the residue of the estate) falls to Crown. 

The KLTR office maintains a public record of estates at three stages:  

1. Pending: Reported but not yet under administration  
2. In administration: Currently being administered  
3. Completed: Administration has concluded 

View record of ultimus haeres estates being handled by the KLTR

Legitimate heirs of estates administered by the KLTR may submit a claim by proving their succession. Under Scottish succession law and the KLTR policies, the KLTR’s office may release estate funds to an executor named in a Confirmation – a legal document issued by the Commissary Department of the relevant local Sheriff Court in Scotland, granting authority to manage a deceased person’s estate. 

To apply for Confirmation, contact the relevant local Sheriff Court. A solicitor or the court’s Commissary Department can advise on the evidence required and the responsibilities of an executor. 

Please note: The KLTR cannot assist with establishing claims, tracing relatives, or provide legal advice. We recommend seeking advice from a solicitor qualified in Scots law. The Law Society of Scotland may be able to help you find a solicitor in Scotland. 

For more information on how the KLTR handles ultimus haeres estates, including procedures and case types: 

View our policies