What happens if an estate receives an inheritance after probate is completed?

After my mother's estate was probated, her estate received an inheritance from another family member addressed to "the estate of (my mother's name)." Do we have to get a new probate grant?

Harvinder

Harvinder

Surrey, BC

It is not uncommon for an executor or someone else to discover an asset of the deceased after the grant of probate has been issued.

For example, this can happen where the deceased handled their banking or investments digitally. The passwords may not have been shared with the executor, so they didn't learn of the existence of the accounts.

Similarly, a subsequent inheritance can come to light. When someone names the deceased as a beneficiary in their will, the gift can form part of the deceased's estate. (Although a will-maker would be wise to change their will when one of their named beneficiaries passes away.)

Where this kind of event happens following the issuance of the probate grant, a new grant is not required. But the existence and value of the new asset must be disclosed to the court. The executor does this by filing a supplementary affidavit with the court registry. They must also pay probate fees, based on the asset’s value at the date of death. 

Jack Micner

Jack Micner

Spry Hawkins Micner 
  • Reviewed in April 2021
  • This information applies to British Columbia, Canada

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