What happens if a new estate asset is discovered 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’s not uncommon for an executor to discover an asset of the deceased after a grant of probate has already been issued. 

For example, this can happen where the deceased handled their banking or investments digitally. The executor might not even be aware that the deceased held accounts with a particular bank if online passwords were not shared with the executor.

Or, as here, a subsequent inheritance can come to light. Where someone has named the deceased as a beneficiary in their will, the gift may or may not form part of the deceased beneficiary’s estate. Generally, a newly discovered inheritance would only form part of the deceased beneficiary’s estate if they died after the will-maker. If you’re curious about what happens if a beneficiary dies before the will-maker, we answer that question here.

When a new estate asset is found, there’s no need to obtain a new grant of probate. But the existence of the newly discovered (or received) asset must be disclosed to the court.  

The executor does this by filing a supplemental affidavit of assets and liabilities (form P14) with the court registry. Here, the executor needs to describe the asset and provide the asset’s value at the time the deceased died. They must also pay probate fees, based on the asset’s value at the date of death.   

Michael Scott

Michael Scott

Clark Wilson LLP
  • This information applies to British Columbia, Canada
  • Reviewed for legal accuracy in January 2022

Also on this topic

Still not sure what to do?

If you're looking for advice specific to your situation, there are options for free or low-cost help.

Options for legal help

Copyright 2022 People's Law School

Powered by contentful

We are grateful to work on the unceded traditional territories of the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil-Waututh) Nations, whose Peoples continue to live on and care for these lands.