What happens if someone dies without a will in Canada?

What the Law Says

Canada does not have a single national intestacy law. Instead, each province and territory sets its own rules for how an estate is distributed when someone dies without a valid will (intestate). These laws determine who inherits, in what order, and how much — with spouses and children typically first in line.

In most provinces, if the deceased is survived by a spouse and children, the spouse receives a preferential share (e.g., $200,000 in Ontario; $300,000 in BC), and the remainder is divided between the spouse and children. If there’s no spouse or children, parents, siblings, or more distant relatives may inherit — depending on provincial rules.

A court must appoint an administrator (often the spouse or next of kin) to manage the estate. This person must apply for a grant of administration, file an inventory of assets, pay debts and taxes, and distribute the remaining property strictly as the law requires.

No one has automatic authority over the estate just because they’re a family member — legal appointment is required before accessing bank accounts, selling property, or distributing assets.