The 210-Day Rule: Why Executors in BC Wait Before Distributing an Estate

One of the most common questions an executor hears after probate is granted is some version of “when do we get our inheritance?” In British Columbia the answer is usually “not yet”, and that is because of a statutory waiting period, not because the executor is being slow.

This article explains the 210-day rule in section 155 of the Wills, Estates and Succession Act, why the period is 210 days, the exceptions that allow an earlier distribution, and what an executor can still do while the clock runs.

What the 210-day rule says

Section 155 of the Wills, Estates and Succession Act (WESA) provides that a personal representative must not distribute the estate within the 210 days following the date the representation grant is issued, except by order of the court. In everyday terms: once the court has granted probate (or letters of administration), the executor or administrator has to wait roughly seven months before handing out inheritances, unless one of the exceptions described below applies.

Two definitions matter here. The personal representative is the executor named in the will or, where there is no will or no executor able to act, the administrator appointed by the court. A representation grant means a grant of probate or administration issued in British Columbia, and also includes a grant resealed in BC or an ancillary grant. The clock starts when that grant is issued, not when the person died and not when the application was filed.

The rule applies whether or not the deceased left a will. The difference lies in whose consent can shorten the wait, which is covered below.

Why 210 days? The wills variation connection

The number is not arbitrary. Under section 60 of WESA, a spouse or child of a will-maker can ask the court to vary the will if it does not make adequate provision for their proper maintenance and support. Section 61 then sets the deadlines for that claim:

• the proceeding must be commenced within 180 days from the date the representation grant is issued in British Columbia; and
• a copy of the initiating pleading must be served on the executor no later than 30 days after that 180-day period ends, unless the court extends the time for service.

Add the two periods together and you get 210 days. The waiting period in section 155 is designed so that, by the time an executor is free to distribute, they should know whether anyone has started a claim to vary the will. Distributing before that point would risk paying out assets the court might later redirect.

The exceptions: when an executor can distribute sooner

WESA recognises that a seven-month wait is not always necessary. There are four routes to an earlier distribution.

1. A court order

Section 155(1) itself allows distribution within the 210 days by order of the court. This is the route when consents cannot be obtained but there is a good reason not to wait.

2. Consent, where there is a will

Under section 155(1.1), where the deceased left a will, the personal representative may distribute within the 210 days with the consent of all beneficiaries who have an interest in the estate and all persons who could bring a wills variation claim. Note the second group: it is not enough that every named beneficiary agrees. A spouse or child who was left out of the will, and who could therefore bring a variation claim, must also consent.

3. Consent, where there is no will

Under section 155(1.2), where the deceased died without a will, the personal representative may distribute within the 210 days with the consent of all intestate successors entitled to a share of the estate.

4. Setting funds aside

Section 155(1.3) allows the personal representative to distribute without the consent of one or more people whose consent would otherwise be required, provided they set aside all of the following:

• all specific gifts to beneficiaries who have not been located;
• a sum equal to the residue share of every beneficiary with an interest in the residue who has not been located;
• a sum equal to the estate share of every intestate successor who has not been located; and
• a sum sufficient to satisfy any wills variation claim in relation to the estate.

This route carries real risk. Section 155(1.4) makes the personal representative liable for loss or damage arising from such a distribution unless they can demonstrate they did all of the set-asides correctly, including determining a sum sufficient to satisfy every potential variation claim if successful. An executor who misjudges that figure is personally exposed. This is one of the situations where legal advice before acting is well worth the cost.

After 210 days: not always a green light

Reaching day 211 does not automatically free the estate. Section 155(2) provides that the personal representative must not distribute after the 210-day period without the consent of the court if any of the following has happened:

• a proceeding has been commenced to determine whether a person is or is not a beneficiary or intestate successor;
• relief is sought under the wills variation provisions of WESA; or
• other proceedings have been commenced which may affect the distribution of the estate.

In practice, an executor should confirm with their lawyer that no such proceeding has been started before making a final distribution, even after the waiting period has run.

What the rule does not do

Section 155(3) is as important as the rest of the section because it tells executors what they can still do during the waiting period. The 210-day rule:

• does not affect any right or remedy against a person to whom the estate has already been distributed, in whole or in part;
• does not extend any applicable limitation period; and
• does not affect the ability to make a payment to a creditor.

That last point matters most day to day. The waiting period is about distributions to beneficiaries. It does not stop an executor from gathering in assets, paying the deceased's legitimate debts, funeral expenses and ongoing estate costs, or preparing accounts. Other timing considerations, such as tax filings and clearances, are separate from section 155 and are outside the scope of this article.

An illustration

Suppose a grant of probate issues on 1 March. The 180-day period for commencing a wills variation claim would run to late August, the further 30 days for service would run to late September, and the 210-day period under section 155 would end at about the same point. If no claim has been started and no other proceeding is on foot, the executor could then distribute. If every beneficiary and every person who could bring a variation claim signed consents in April, the executor could distribute earlier under section 155(1.1). This example is illustrative only; exact day-counting should be confirmed for the particular grant.

Practical points for executors and beneficiaries

• Executors: tell beneficiaries about the waiting period early. Most frustration comes from not knowing why nothing has been paid out.
• Executors: use the period productively. Collect assets, settle debts, prepare the estate accounts, and keep a record of every step.
• Executors: before any early distribution by consent, make sure the consents cover everyone section 155 requires, including people who could bring a variation claim but are not named in the will.
• Beneficiaries: a delay of several months after probate is normal in BC and is not, by itself, a sign that anything is wrong.
• Spouses and children considering a claim: the 180-day deadline is strict. Obtain advice promptly after the grant issues.

Dealing with an estate? Talk to us before anything is distributed

If you are an executor working through the 210-day period, or a beneficiary wondering why nothing has been paid out yet, our probate and estates lawyers can review the grant, the timelines and any consents with you before any money moves.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.

Sources

Wills, Estates and Succession Act, SBC 2009, c 13, s 1 (definitions of “representation grant”, “beneficiary” and “intestate successor”), ss 60 and 61 (variation of wills), and s 155 (distribution of estate). Text verified against the King’s Printer consolidation current to September 22, 2026, accessed October 3, 2026.

The Act is also available on CanLII.

General information about British Columbia law as at the date shown, not legal advice. Reading this article does not create a lawyer-client relationship. Please speak with a lawyer about your own circumstances.