Who Inherits If You Die Without a Will?

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The order Ontario law follows

Dying without a will is called dying intestate. When it happens, nobody gets to decide who inherits: the province has already decided, in Part II of the Succession Law Reform Act (SLRA). The rules are a fixed formula. They do not look at who cared for you, who you were estranged from, or what you said you wanted. A will is the only way to replace that formula with your own choices, which is why it sits at the centre of any plan for wills and powers of attorney.

The formula works down a list, and stops at the first group of relatives who are alive:

A spouse and no children or other descendants. The spouse takes everything (section 44).
A spouse and descendants. The spouse first takes the “preferential share” (section 45), which is $350,000 for deaths on or after March 1, 2021 under Ontario Regulation 54/95. Whatever is left is split: one-half to the spouse if there is one child, one-third if there are two or more (section 46), and the rest to the children.
Descendants and no spouse. The estate is divided equally among the nearest generation alive, usually your children. The share of a child who died before you passes to that child’s own children (section 47(1) and (2)).
No spouse or descendants. Your parents share equally, or the surviving parent takes it all (section 47(3)).
No parents. Your brothers and sisters share equally, and a sibling who died before you is replaced by their children (section 47(4)).
No siblings. Your nephews and nieces share equally (section 47(5)), then the next of kin of equal degree (section 47(6)).
Nobody at all. The estate goes to the Crown under the Escheats Act, 2015 (section 47(7)).

Ontario’s own guidance puts it simply: when there is no will, the people who can inherit include your spouse and closest next of kin, and a common-law spouse does not inherit under the SLRA.

Who inherits without a will in Ontario (deaths on or after March 1, 2021)
Who survives you	Who receives the estate	SLRA section
Married spouse, no descendants	Spouse: everything	s. 44
Married spouse and one child	Spouse: first $350,000, then one-half of the rest. Child: the other half of the rest	ss. 45, 46(1)
Married spouse and two or more children	Spouse: first $350,000, then one-third of the rest. Children: two-thirds of the rest, shared equally	ss. 45, 46(2), 47
Children, no spouse	Children equally; a predeceased child’s share goes to their children	s. 47(1), (2)
Parents only	Parents equally, or the survivor	s. 47(3)
Brothers and sisters	Siblings equally; a predeceased sibling’s children take that share	s. 47(4)
Nephews and nieces	Nephews and nieces equally	s. 47(5)
Other relatives	Next of kin of equal degree, equally	s. 47(6), (8)
No relatives	The Crown	s. 47(7)
Common-law partner (any situation)	Nothing under Part II	s. 1(1) and Family Law Act s. 1(1)

How an estate without a will is administered

Knowing who inherits is half the problem. Someone also has to be given authority to collect the assets, pay the debts and hand out the shares, and without a will nobody has been named for that job. Ontario’s guidance on applying for probate explains that when there is no will, the deceased’s spouse or common-law partner usually has the first right to apply, then a close adult relative, and the court may appoint the relative it considers most appropriate.

That application usually goes to the Superior Court of Justice in the area where the person lived. It works like the application for a Certificate of Appointment of Estate Trustee described elsewhere on our site, with two extra hurdles that a will would normally have avoided:

Consents. Under Rule 74.04(1)(f), the applicant generally needs written consents from the people entitled to share in the estate who together hold a majority interest.
A bond. Ontario’s guidance says a bond is required when the deceased died without a will, unless a judge orders that it is not needed. A bond is security for the estate trustee’s duties, often from an insurer, and it adds cost and paperwork.

The government’s Estate Administration Tax applies in the same way as with a will. Our page on how much Ontario’s Estate Administration Tax is walks through the calculation.

What changes the answer

Common-law partners

In Part II, “spouse” means a married spouse, using the definition in section 1 of the Family Law Act. A partner you lived with for twenty years, and had children with, receives nothing under the intestacy rules. Part V of the SLRA allows certain dependants, including some common-law partners, to apply to court for support from an estate, but that is a contested court process, not an inheritance. A will is the straightforward way to provide for a partner.

Separated spouses

Section 43.1, in force since January 1, 2022, removes a separated spouse’s intestacy rights if, before the death, the couple had lived apart for three years because the marriage broke down, signed a valid separation agreement, or had a court order or family arbitration award settling their affairs, and they were still apart at the death. The same test applies to wills, which we explain in what happens to your will if you separate.

The spouse’s family law choice

A married spouse does not have to accept the intestacy share. Under section 6(2) of the Family Law Act, the surviving spouse chooses between the Part II entitlement and an equalization of net family property under section 5. The election is filed with the Estate Registrar for Ontario within six months of the death, and section 6(14) says the estate cannot be distributed in those six months without the spouse’s written consent or a court order.

Property that never enters the estate

The intestacy formula only reaches property that passes through the estate. Ontario’s guidance notes that property held in joint tenancy passes automatically to the surviving owner, and that registered plans and insurance can name a beneficiary directly. Those assets go where the title or the designation says, will or no will.

“Net value” and partial intestacy

The preferential share is measured against the estate’s net value, which section 45(4) defines as its value after charges, debts, funeral expenses and the costs of administration. And if a will covers some property but not all of it, the rest passes under Part II. Section 45(3) then adjusts the spouse’s preferential share for what the will already gives them.

Children under 18

Without a will, nobody has chosen who raises the children either; a will is where you name a guardian for your children. A child’s intestacy share does not simply go to the surviving parent. Ontario’s guidance on a child’s money explains that, generally, it is paid into court with the Accountant of the Superior Court of Justice until the child turns 18. In most cases, $35,000 or less can be paid to a parent the child lives with, and above that a court-appointed guardian of property is the alternative. A will can avoid this by holding the money in a trust for a child until an age you choose.

Example

For example, imagine Wei, who lives in Richmond Hill, dies without a will. He is survived by his wife Lin and two children: Ming, who is 23, and Hana, who is 16. After his debts, the funeral and the costs of administration, the net value of his estate is $650,000. The family home was owned jointly with Lin, so it passes to her outside the estate and is not part of that figure.

Lin first takes the $350,000 preferential share. That leaves $300,000. Because there are two children, Lin takes one-third of it, $100,000, and Ming and Hana share the other two-thirds, $100,000 each. Lin’s total is $450,000. Hana’s $100,000 is over $35,000, so it would generally be paid into court until she turns 18, or Lin would need a court order appointing her guardian of Hana’s property. Had Wei made a will, he could have left everything to Lin, or put Hana’s share in a trust managed by Lin, with no court application for her money.

Common mistakes people make

Assuming “it all goes to my spouse anyway“. Only if there are no children. With children, the spouse’s share is capped at the preferential share plus a fraction of the rest.
Assuming a long common-law relationship counts. It does not, under Part II.
Forgetting young children’s shares. A minor’s share is generally paid into court, which surprises many surviving parents.
Relying on joint ownership as a substitute. It can work for one asset, but it can also send property to the wrong person, or leave nothing to pay debts and taxes.
Leaving a business with no plan. Without a will, nobody has authority over your shares until the court appoints someone. Owners should read about a secondary will for private company shares.
Thinking a homemade will is always safe. A will that fails the formalities can leave you intestate. Our page on what makes a will valid in Ontario sets out the rules.

What to do this week

Work out who would inherit from you today, using the table above.
Ask yourself whether that matches what you want, especially if you have a common-law partner, a blended family or children under 18.
List what you own alone, what you own jointly, and which accounts and policies name a beneficiary.
Choose an estate trustee and an alternate, and a guardian for any young children.
Read whether you need a lawyer to make a will in Ontario, and decide how you will make yours.
Use our checklist of what to bring to an estate planning consultation.
Book the appointment. A first consultation takes 30 minutes, by video or in person, and you can request one here.

Frequently asked questions

Does the government take my estate if I have no will?

Only if you have no relatives at all who can inherit under section 47. In that rare case the property goes to the Crown under the Escheats Act, 2015. Otherwise it goes to your family in the order the SLRA sets.

Does my common-law partner get anything without a will?

Not under the intestacy rules, which apply to married spouses only. A partner may receive jointly owned property or a designated plan directly, and may be able to apply for dependant support under Part V of the SLRA, which is a separate court process.

Do stepchildren inherit without a will?

The intestacy order is based on issue, meaning children and their descendants. A stepchild you did not adopt is generally not your issue under Part II, so a will is the way to include them. A stepchild you were supporting may be able to apply for dependant support under Part V, because section 57 counts a person you treated as a child of your family, but that is a court application, not an inheritance.

Who handles an estate when there is no will?

Someone has to apply to the court for authority. Ontario’s guidance says the spouse or common-law partner usually has the first right to apply, then a close adult relative. The applicant generally needs consents from a majority of those entitled, and usually a bond.

How much is the preferential share?

For deaths on or after March 1, 2021, it is $350,000 under Ontario Regulation 54/95. For earlier deaths it was $200,000.

Is a will the only way to avoid intestacy?

For most people, yes. Joint ownership and beneficiary designations can move some assets outside the estate, but they do not name an estate trustee, a guardian or a plan for the rest. Our estate planning page explains how the pieces fit together.

Sources

This page is general information about Ontario law, not legal advice for your situation. It reflects the law as of October 25, 2026.

Who inherits if you die without a will in Ontario?