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Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 131, 145, 158, 159) and the Supreme Court Civil Rules (Rule 25-14) checked that day.
Before probate: a co-executor or named alternate applies; if there isn’t one, a beneficiary applies for administration with will annexed.
After probate, with a co-executor: the surviving executor usually carries on alone.
After probate, sole executor: the alternate, or the deceased executor’s own executor through the “chain of executorship”, or a new administrator, completes the estate.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
Executors are often the deceased’s spouse or siblings, so it isn’t unusual for an executor to die before an estate is finished. What happens depends on timing and on the will. If the executor dies before probate, a co-executor or the alternate named in the will applies instead; if there’s no one, a beneficiary can apply for administration with the will annexed. If the executor dies after probate and there’s a surviving co-executor, the survivor usually continues alone. If a sole executor dies after probate, there are three possibilities: the alternate named in the will applies to be substituted; the deceased executor’s own executor may become executor of the first estate too, through what’s called the chain of executorship; or a beneficiary applies for a new grant of administration with will annexed to finish the job.
Lawgical Law Corporation, a probate and estate law firm with offices in Surrey, Abbotsford and Vancouver, BC, handles substitutions and new grants when an executor dies; this guide is by Pardeep S. Grewal.
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If the executor dies before probate
| The will | Who applies |
|---|---|
| Names more than one executor | The surviving executor(s), for probate |
| Names an alternate, and the conditions for the alternate are met | The alternate, for probate |
| Names an alternate, but the conditions aren’t met | Likely administration with will annexed |
| Names no one else | A beneficiary, for administration with will annexed (WESA s. 131) |
If the executor dies after probate
- Surviving co-executor: unless the will says otherwise, the survivor may continue to act (Trustee Act s. 12(1)).
- Chain of executorship: if the sole or last surviving executor took probate and then died before finishing, and no alternate takes over, the executor of the deceased executor’s will, once that will is probated, also becomes executor of the original estate (WESA s. 145). The chain is broken by an intervening grant of administration, or if the deceased executor died without a will.
- Substitution: if the chain doesn’t apply, the alternate executor, or a person entitled to apply under ss. 130 or 131, can apply to be substituted, filing the executor’s death certificate and giving notice (Rule 25-14(1.2); WESA ss. 158, 159).
If the executor can’t or won’t continue
If a sole executor becomes unable or unwilling to continue, an alternate can apply for a second grant, or a beneficiary can apply for administration with will annexed, removing the original executor (WESA ss. 158, 159). See removing an executor.
Practical points
- Get the deceased executor’s records, accounts and estate bank details from their family or their own executor.
- Check whether the Land Title Office or banks will need a new grant to deal with remaining assets.
- Keep beneficiaries informed: a change of executor usually causes delay.
Mistakes I have seen
- The deceased executor’s family carrying on with the first estate without authority.
- Assuming the chain of executorship applies when the original executor never took probate.
- Losing the first estate’s records when the executor’s house is cleared out.
Frequently asked questions
My father was executor of his brother’s estate and has died. Am I now executor?
If your father took probate, died before finishing, and you are executor of his probated will, you may be, through the chain of executorship. Otherwise a substitution or new grant is needed.
Does the estate start over?
No. The new personal representative picks up where the previous one stopped.
Who pays for the new grant?
Usually the estate, as an administration expense.
What should I do right now?
Find out whether the deceased executor had obtained probate, and secure their records for the estate.
Book a consultation with our probate lawyers in Surrey, Abbotsford or Vancouver.
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Sources
- Wills, Estates and Succession Act (ss. 130, 131, 145, 158, 159), BC Laws
- Trustee Act, R.S.B.C. 1996, c. 464, s. 12, BC Laws
- CLE BC, Probate and Estate Administration Practice Manual, §§5.56, 5.72–5.78
This article is general information about BC law, not legal advice for your situation.