Role of the executor
An executor is an individual appointed on someone’s death to administer their estate.
Specific duties are bestowed upon the executor where there is an entry in the Register of Persons Holding a Controlled Interest in Land (RCI) and a person dies:
- who owns or tenants the land, known as the recorded person
- with a controlling interest, known as the associate
These duties are only engaged if the person who has died is named in an entry in the RCI.
What to do if a recorded person dies
If a recorded person has died, their executor must notify the keeper as soon as reasonably practicable.
To allow the keeper to remove the deceased recorded person’s entry from RCI, the executor is required to provide information:
- the recorded person’s reference number, if known
- the recorded person’s name
- the recorded person’s address
- the title number if the affected land is registered within the land register or a sufficient property description if the land is recorded within the Registers of Sasines
- the date the recorded person died
The keeper will also require the executor to provide a copy of the death certificate of the recorded person.
We understand that there will be occasions where a solicitor is acting for the executor. It is acceptable for a solicitor to notify the keeper about the death of a recorded person on behalf of the executor, provided that they have the authority to act for the executor.
How to submit a notification
The recorded person’s executor must:
- Notify the keeper by email to the RCI@ros.gov.uk, including:
- the completed notification by executor of the death of a recorded person form
- a copy of the recorded person's death certificate
- Once submitted, the keeper will review the notification
- Provided no additional information is required the recorded person’s entries will be removed from the register
- The executor will be notified by email once this has been done
What to do if an associate dies
If an associate has died, their executor must notify the recorded person as soon as reasonably practicable. The recorded person will notify the keeper that the associate has ceased to be an associate.
How to provide a notification to the Keeper
A recorded person can provide notification and remove the associate from an entry by accessing the change ‘Land details’ section within ‘Manage an entry’.
Please select the associate is ‘no longer an associate’ from the reason codes and provide the date the associate died, if known.
Whilst it is possible for an associate to be linked to multiple land entries for a recorded person or to multiple recorded persons, please note, associates can currently only be removed for one land entry and recorded person at a time. All other land entries and recorded persons are unaffected.
Where an entry has only the deceased as an associate, as that land no longer has a controlling interest, you must remove the land details instead. See our guidance on managing land details.
Further information about executors and RCI can be found in the RCI legislation.
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