When someone dies without a valid will, they die intestate. Their property is then distributed according to a fixed formula set by the province where they lived, not according to anything they may have wished. The court appoints an administrator, and family members inherit in a set order. This guide shows who inherits, and how much, across the provinces.
How intestacy works
- A court appoints an administrator (usually the closest relative) to settle the estate, which adds cost and delay.
- Property is distributed in a legal order: spouse and children first, then parents, then siblings, then more distant relatives.
- If no relatives can be found, the estate passes to the government (escheats to the Crown).
- You cannot name a guardian for minor children, leave gifts to friends or charities, or choose your executor. All of that is lost.
The spouse's preferential share
In several common-law provinces, a surviving married spouse takes a fixed amount before anything is split with the children. The most cited example is Ontario.
| Province | Spouse's preferential share (approx.) |
|---|---|
| Ontario | First $350,000 CAD (deaths on or after 1 March 2021) |
| Alberta | $150,000 CAD, but only where some children are not also the spouse's children |
| British Columbia | $300,000 CAD (or $150,000 where children are not shared) |
| Manitoba | $50,000 CAD or half the estate, whichever is greater (where children are not shared) |
| Saskatchewan | $100,000 CAD |
| Quebec | No preferential share (fixed fractions instead) |
Ontario
- Spouse, no children: the spouse inherits the entire estate.
- Spouse and one child: the spouse takes the preferential share (currently $350,000 CAD), then the remainder is split half to the spouse, half to the child.
- Spouse and two or more children: the spouse takes the preferential share, then one third of the remainder, and the children share the other two thirds.
- No spouse: the children inherit equally; a deceased child's share passes to that child's children.
- Common-law partners do not inherit on an Ontario intestacy and would have to bring a dependants' relief claim instead.
Alberta
- Alberta recognizes both married and adult interdependent (common-law) partners as spouses for intestacy.
- If all the children are also the surviving spouse's children, the spouse inherits the whole estate.
- If some children are from another relationship, the spouse takes the greater of $150,000 CAD or half the estate, and the rest is divided with the children.
British Columbia
- A common-law spouse (two years of living together) is recognized.
- Spouse and shared children: the spouse takes the household furnishings plus the first $300,000 CAD, then half the residue, with the children sharing the other half.
- Where the children are not all the spouse's, the preferential amount drops to $150,000 CAD.
Quebec
Quebec has no preferential share. Instead the Civil Code of Quebec sets fixed fractions, applied after family patrimony and the matrimonial regime are settled.
| Surviving relatives | Spouse's share | Others' share |
|---|---|---|
| Spouse and children | One third | Two thirds to the children |
| Spouse and parents or siblings (no children) | Two thirds | One third to parents or siblings |
| Spouse only (no children, parents, or siblings) | Everything | None |
| Children, no spouse | None | Children share equally |
The common-law trap
The single most important reason to make a will is the treatment of common-law partners. In Ontario and, historically, Quebec, a common-law partner inherits nothing on an intestacy, no matter how long the relationship. In Alberta and British Columbia they are recognized, but only after meeting a qualifying period. A will removes all of this uncertainty.
Why a will beats intestacy
- You choose your executor rather than leaving the court to appoint an administrator.
- You can name a guardian for minor children.
- You can provide for a common-law partner, stepchildren, friends, or charities, none of whom inherit automatically.
- You avoid the delay and cost of an intestate administration.
- You can include simple tax and trust planning.
Frequently asked questions
What if I have no relatives at all?
With no traceable heirs, the estate passes to the provincial government. A will is the only way to direct it to friends or charities instead.
My partner and I never married. Will they inherit?
It depends entirely on the province, and in several provinces the answer is no. Do not rely on intestacy; make a will. See how to write a will.
Who looks after my minor children?
Without a will you cannot name a guardian, and a court decides. A will lets you state your preference clearly.
Does my spouse automatically get everything?
Only if there are no children (and in Alberta, only if all children are shared). Otherwise the estate is split with the children under the formulas above.
Next steps
Avoiding intestacy is simple: write a will. Start with our step-by-step guide and ready-made templates, and learn whether a handwritten one is valid where you live in our holographic will guide. To understand the limits on cutting someone out, read dependants' relief. Official sources: Quebec government intestacy distribution table and the Ontario Succession Law Reform Act.