Dying Without a Will in Ontario: Intestacy Rules and Who Inherits

When a person dies without a valid will, Ontario law decides who inherits and who may manage the estate. The rules are fixed. They do not take account of what the person would have wanted or of who was closest to them. This page explains those rules and what a family should do. Law Wise is based in Mississauga and serves the entire GTA and Ontario.

Who inherits

A person who dies without a will is said to die intestate. Part II of the Succession Law Reform Act sets the order of inheritance.

An example

Suppose a person dies without a will, leaving a spouse and two children, and the estate is worth $650,000 after debts, funeral and administration expenses. The spouse receives the first $350,000. The remaining $300,000 is divided: one-third, or $100,000, to the spouse, and two-thirds, or $200,000, to the children, who receive $100,000 each. The spouse’s total is $450,000. If the children are minors, their shares cannot simply be handed to the surviving parent, which is explained below.

Who counts as a spouse

• Married spouses only. For the intestacy rules, “spouse” means a married spouse. A common-law partner inherits nothing under these rules, however long the relationship.
• Separated spouses. A married spouse does not inherit on intestacy if the spouses were separated at the time of death. That is the case where they had lived separate and apart because of the breakdown of the marriage for three years immediately before the death, had a valid separation agreement, or had a court order or family arbitration award settling their affairs (s 43.1).
• A married spouse has a choice. Instead of the intestacy share, the surviving spouse may elect an equalization payment under the Family Law Act, within six months after the death.

What a common-law partner can do

A common-law partner is not left without any remedy, but each one requires a claim. A partner who was being supported by the deceased, or to whom the deceased owed a legal duty of support, may apply for support from the estate as a dependant. For that purpose “spouse” includes people who lived together continuously for at least three years, or who were in a relationship of some permanence and are the parents of a child. The application must generally be made within six months after an estate trustee is appointed. A partner who contributed to property held in the deceased’s name may also have a trust or unjust enrichment claim. These claims are uncertain and costly compared with a will. See estate litigation.

Who manages the estate

With no will there is no executor. Someone must apply to the Superior Court of Justice to be appointed estate trustee without a will. Under the Estates Act the court may appoint the person to whom the deceased was married, or with whom the deceased was living in a conjugal relationship, or the next of kin, or both, as the court thinks best (s 29). Letters of administration are not granted to a person who does not live in Ontario (s 5). The applicant normally needs consents or renunciations from others with an equal or better right to apply. The court generally requires an administration bond for double the value of the estate, which is a cost and can be hard to obtain. A bond is not required where a surviving spouse applies and the net estate is no more than the preferential share, and a judge may reduce or dispense with it in special circumstances (ss 35 to 37). Until an appointment is made, nobody has legal authority to deal with the assets. See probate.

When children inherit

• A parent is not automatically guardian of a child’s property. Being a parent does not give authority to receive and manage a child’s inheritance.
• Small amounts. The Children’s Law Reform Act allows money owing to a child, including on an intestacy, to be paid to a parent with whom the child lives, up to a prescribed amount, currently $35,000 (s 51).
• Larger amounts. A parent or another person must apply to court to be appointed guardian of the child’s property, on notice to the Children’s Lawyer, or the money is paid into court. A guardian must normally post a bond and account for the money. See guardianship applications.
• Paid out at 18. Whatever is held for a child becomes the child’s at 18. A will could have delayed this and named the person to manage the money.
• No guardian named. A will is also where a parent names the person to care for a child. Without one, the court decides if both parents have died.

What the family should do

1. Search for a willCheck the home, safety deposit box and the deceased’s lawyer. A handwritten and signed document may be a valid will.
2. Identify the familySpouse, children, and whether any child has died leaving children.
3. List assets and how each is ownedJoint property and plans with named beneficiaries pass outside these rules.
4. Decide who will applyAnd obtain consents from the others.
5. Get advice on the bond and on minors’ sharesBefore the application is filed.

How Law Wise helps

• Working out who inherits and in what shares.
• Applying for a certificate of appointment of estate trustee without a will.
• Applying to reduce or dispense with the bond where appropriate.
• Advising a common-law partner or dependant on a claim against the estate.
• Dealing with shares for minor children.

A will avoids the intestacy rules altogether. See wills.

Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.

Common questions about dying without a will

This page is general legal information for Ontario, current as of 11 October 2026. It is not legal or tax advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.