Commissary Court meaning

In Scottish succession practice, a commissary court handled wills and estates and granted “confirmation” (the Scottish equivalent of probate), vesting title in an executor to ingather and distribute the deceased’s estate. Historically a distinct court in Scotland, the commissary courts have been abolished; their testamentary functions are now exercised by the relevant sheriff court in its commissary jurisdiction (the sheriff acting as commissary), usually for the area of the deceased’s domicile. The term is therefore largely historical and descriptive rather than a current statutory court name, though the underlying jurisdiction is conferred by statute and court rules. Practically, Scottish solicitors apply to the sheriff court for confirmation to appoint executors-nominate or dative and to authorise estate administration. Court staff and forms may still refer to the “commissary” or “commissary department.” The expression is not used in England and Wales, Northern Ireland or Ireland. There, equivalent probate functions are carried out by the High Court (and probate registries/offices), which issue grants of probate or letters of administration rather than confirmation. Usage is therefore jurisdiction-specific to Scotland.