When Someone Dies Without a Will in Ontario
When someone dies without a will, Ontario law effectively writes one for them. It's a one-size-fits-all formula, and like most one-size-fits-all things, it fits some families nicely and others not at all. Here's how it works.
Last reviewed: October 2026
What "intestate" means
Dying without a valid will is called dying "intestate". Ontario's Succession Law Reform Act then decides who inherits, in a fixed order. It doesn't matter what the person said they wanted, how close they were to someone, or how long a couple had been together.
Who inherits: the formula
| Family left behind | Who gets what |
|---|---|
| Married spouse, no children | The spouse gets everything. |
| Married spouse and one child | The spouse gets the first $350,000 (the "preferential share") plus half of the rest. The child gets the other half. |
| Married spouse and two or more children | The spouse gets the first $350,000 plus one-third of the rest. The children share the other two-thirds equally. |
| Children, no spouse | The children share everything equally. If a child died earlier, that child's own children share their parent's portion. |
| No spouse or children | The parents. If neither is living, the brothers and sisters (a deceased sibling's children take that sibling's share), then more distant relatives. |
| No relatives at all | The estate goes to the Province of Ontario. |
If the estate is worth $350,000 or less, a surviving married spouse gets everything, even when there are children. The $350,000 preferential share applies to deaths on or after March 1, 2021.
An example
Ravi dies without a will. He leaves his wife and two adult children, and an estate worth $950,000 after debts. His wife receives the first $350,000, plus one-third of the remaining $600,000 ($200,000), for a total of $550,000. Each child receives $200,000.
The formula only applies to what's in the estate. Joint assets with right of survivorship and assets with a named beneficiary still go to the joint owner or the named beneficiary.
Common-law partners: the big surprise
In Ontario, "spouse" for these rules means a married spouse. A common-law partner gets nothing automatically under the formula, even after decades together and even if they have children together.
That doesn't always leave them with nothing:
- Assets they owned jointly with right of survivorship pass to them.
- They may be the named beneficiary of life insurance, an RRSP, a RRIF, a TFSA or a pension.
- They may qualify for the CPP survivor's pension.
- They can apply to the court for support from the estate as a dependant, generally within six months after the estate trustee is appointed.
- They may have a property claim if they contributed to assets in the other person's name.
But each of those can mean delay, cost and conflict at the worst possible time. If you're in a common-law relationship, a will is one of the kindest things you can do for your partner.
Separated spouses
Since January 1, 2022, a married spouse who was separated from the person when they died generally doesn't inherit under these rules, if they meet Ontario's definition of separated (for example, living apart for three years, or having a separation agreement or court order). This is a newer rule, and applying it can be complicated, so get legal advice.
A married spouse's other option
A surviving married spouse can choose between what the intestacy rules give them and an "equalization" of family property under Ontario's Family Law Act. The choice generally has to be made within six months of the death. If that's you, see a lawyer early. Our surviving spouse guide explains more.
Who handles the estate?
With no will, there's no named executor. Someone has to apply to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee Without a Will. The court calls this person the estate trustee (you may also hear the older word "administrator").
- Usually it's the spouse, then a child or another close relative.
- The applicant generally needs the consent of the beneficiaries who together are entitled to more than half of the estate.
- The court often requires a bond, which can sometimes be reduced or waived.
- If no family member is able or willing to act, the Office of the Public Guardian and Trustee may administer the estate in some cases.
When children inherit
When someone under 18 inherits money and there's no will setting up a trust, Ontario law protects the money until they're adults. Generally, a smaller amount may be paid to a parent or guardian, while larger amounts are paid into court and held until the child turns 18, unless a court appoints a guardian of property. Ontario's Office of the Children's Lawyer is often involved. At 18, the young person receives the money outright, ready or not.
If the person was raising children on their own, a will is also where they'd name who should care for them. Without one, a court decides.
The lesson
Ontario's default rules aren't bad. They just weren't written for your family. A will lets you choose who inherits, who's in charge, who raises your children and when your kids get their money. Think of the intestacy rules as a rental tux: fine in a pinch, but never tailored for you.
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