Financial Planning -> Wills and Estates -> Dying without a will

What happens if you die intestate (without a will)?

i.  There is no executor, so someone is needed to "administer" the estate.  The right to administer the estate is determined by law.  In British Columbia, the person with the first priority is the spouse or common law spouse (as of November 1, 2000, the Estate Administration Act defines a common law spouse as a person who has lived with another person, including a person of the same gender, in a marriage-like relationship, for at least 2 years immediately prior to the other person's death) , providing the spouse has not lived apart from the deceased for more than one year.  If there is no spouse or the spouse does not wish to administer the estate, then another family member may administer the estate.  If there is no family member willing or able to administer the estate, then the responsibility goes to the Public Guardian and Trustee, as Official Administrator for the Province of British Columbia.  There is a fee for this service, and it may take two years or longer to complete all the legal requirements of administering the estate.  See the BC Public Guardian and Trustee web site for more information.

ii. Who will inherit your estate is determined by law.  In BC, the Estate Administration Act determines who will inherit.  If the deceased leaves a spouse, including a common law spouse, and children, then they will inherit the estate.  If there is no spouse, children or grandchildren, then parents inherit.  If there are no parents, siblings and children of pre-deceased siblings inherit.  For more information, see the BC Public Guardian and Trustee web site frequently asked questions, or the BC Ministry of Attorney General web page "About Wills and Estates".  Ontario has information about How an estate is distributed, including how to make a claim as an heir.

For information regarding what happens in each province, see What to do when someone dies, which has links to wills and estate information on provincial/territorial websites.

Tip:  Make a will so your wishes are carried out when you die.

Revised: February 14, 2012