How Long Do Beneficiaries Wait for an Inheritance in BC?

Beneficiaries often ask when the money will arrive. There is no single answer, because the timeline starts when the court issues a grant, not when the person dies, and it depends on the estate.

This article sets out the main waiting periods in British Columbia and the usual reasons for delay, so you know what to expect and when to ask questions.

This article covers the law of British Columbia.

The main waiting periods

Notice that the 210-day bar and the 180-day wills variation deadline both run from the date the grant is issued, not the date of death. If probate takes months to obtain, your overall wait is longer.

Why the executor usually waits 210 days

Except by court order, a personal representative must not distribute the estate within the 210 days after the representation grant is issued. The period exists partly so that people who may challenge the will have time to do so.

There are exceptions. With a will, the estate may be distributed earlier if all beneficiaries with an interest and all persons who could bring a wills variation claim consent. With no will, early distribution is possible if all intestate successors entitled to a share consent.

If some beneficiaries cannot be located, early distribution can still go ahead if the personal representative sets aside their gifts or shares, plus enough to satisfy any wills variation claim. If they do not, they are personally liable for the resulting loss.

Claims that can slow things down

A spouse or child who says the will does not make adequate provision for them must start a wills variation proceeding within 180 days from the date the grant is issued in BC. A copy of the pleading must also be served on the executor no later than 30 days after the 180-day period ends, unless the court extends the time. The court may order the provision it considers adequate, just and equitable out of the estate.

Even after 210 days, distribution needs court consent if a proceeding has started to decide who is a beneficiary or intestate successor, if wills variation relief is being sought, or if other proceedings may affect distribution.

Creditors are a separate matter. A personal representative may publish a notice in the Gazette asking creditors to present claims within a stated period of at least 30 days, after which they may distribute taking into account only the claims they know of. This does not affect a creditor's right to recover estate assets from whoever received them, so a beneficiary who received estate property may have to give it up to an unpaid creditor.

Tax, probate fees and other causes of delay

• Tax clearance: a legal representative who distributes assets without first getting a CRA clearance certificate is personally liable for unpaid amounts, up to the value of the assets distributed. The request should be made only after all returns are filed, assessments received and amounts owing paid or secured. Careful executors therefore wait for it.
• Probate fees: the estate pays these, not the beneficiary. No fee is payable if the estate's value does not exceed $25,000.
• Minors: if a minor is a beneficiary and there is no trustee or trust, the personal representative must pay or transfer the minor's interest to the Public Guardian and Trustee in trust for the minor. The Public Guardian and Trustee releases a child's trust funds at age 19, unless a trust agreement sets a longer period.
• Debts exceeding assets: if the estate cannot pay everything, legal rules set the order in which gifts and debts are reduced.

Real estate sales, missing paperwork and out-of-province assets also take time, and each estate is different.

What to do next

• Ask the executor for the date the grant was issued, since the 210-day and 180-day periods run from it.
• Ask whether a CRA clearance certificate has been requested.
• Request updates in writing at reasonable intervals.
• If you are a spouse or child considering a wills variation claim, speak with a lawyer well before the 180 days end.
• If the executor is not acting, remember that any person with an interest in an estate may apply to the court to remove or pass over a personal representative. Trustees must also pass accounts within two years of appointment, and a beneficially interested person can serve notice requiring annual accounts.

Frequently asked questions