What Happens When Someone Dies Without a Will in Ontario?
Published January 15, 2025 • 10 min read
When someone dies without a will in Ontario, they're said to have died "intestate." This situation affects thousands of Ontario families each year and can create confusion about what happens next. Here's everything you need to know.
Understanding Intestacy in Ontario
Dying intestate means the deceased person didn't leave a valid will. In this case, Ontario's Succession Law Reform Act determines who inherits and how the estate is distributed.
The law provides a clear hierarchy of who gets what, but it might not match what the deceased person would have wanted.
Who Inherits When There's No Will?
Ontario law has specific rules about inheritance when someone dies without a will:
If There's a Surviving Spouse
- Spouse only, no children: Spouse inherits everything
- Spouse + children (all children are spouse's): Spouse gets first $350,000 plus 1/3 of remainder; children share the other 2/3
- Spouse + children (some children not spouse's): Spouse gets first $350,000 plus 1/3 of remainder; all children share the other 2/3
If There's No Surviving Spouse
- Children inherit everything equally
- If no children, parents inherit everything
- If no parents, siblings inherit everything
- The law continues down a specific family tree
Who Becomes the Estate Trustee?
Without a will naming an executor, someone must apply to become the Estate Trustee Without a Will. Ontario law sets priorities:
- 1. Surviving spouse
- 2. Children (if they're adults)
- 3. Parents
- 4. Siblings
- 5. Other relatives
The person must apply to the court for a Certificate of Appointment of Estate Trustee Without a Will.
What Steps Do You Need to Take?
1. Confirm There's No Will
Search thoroughly for any will - check safety deposit boxes, lawyer offices, and with family members. Sometimes there's a will that wasn't immediately found.
2. Identify Who Should Apply
Determine who has the highest priority under Ontario law to become estate trustee and whether they're willing to take on the responsibility.
3. Gather Required Documents
You'll need death certificates, family tree information, asset details, and consent forms from beneficiaries.
4. Apply to Court
File an application with the Ontario Superior Court of Justice for appointment as estate trustee without a will.
Common Challenges with Intestate Estates
- Family disputes: Without clear written instructions, family members may disagree about the deceased's wishes
- Unintended beneficiaries: The law might give inheritance to people the deceased wouldn't have chosen
- Complex paperwork: Intestate applications require detailed family tree documentation and multiple consent forms
- Delays: The process typically takes longer than with a will
Do You Need Professional Help?
While it's possible to handle an intestate estate yourself, most people benefit from professional guidance because:
- The legal requirements are complex
- Family disputes are more likely without a will
- Mistakes can delay the process significantly
- You could be held personally liable for errors
Need Help with an Intestate Estate?
Dealing with an estate without a will can be complex and overwhelming. We can connect you with our trusted network of experienced estate lawyers who can guide you through every step of the process and help ensure everything is handled properly and efficiently.
Get Started Here →