What Happens If You Die Without a Will in Canada?

What Does "Dying Intestate" Mean?

If you die without a valid will, Canadian law considers you to have died "intestate" — from the Latin inter testatus, meaning "without a witness." It doesn't mean your wishes are ignored on purpose. It means there's no documented record of your wishes for the law to follow.

Instead, a set of default provincial laws — called intestacy legislation — kicks in. These laws decide who gets what, in what order, and in what proportions. They were written to provide a reasonable default for the "average" family, but they can't account for blended families, common-law relationships, stepchildren, estranged relatives, charitable intentions, or any of the countless ways real families differ from the legislative default.

According to surveys, more than half of Canadian adults do not have a will. For parents of young children, that number is even higher.

That means more than half of Canadian families are in the position where, if something happened today, the provincial government would be making the decisions about their estate.

What Happens Step by Step

When someone dies without a will, the process looks something like this:

1. No named executor. With a will, the deceased names an executor who immediately has the authority to manage the estate. Without a will, there's no executor. Someone — usually a close family member — has to apply to the court to be appointed as the estate administrator (sometimes called a "personal representative" or "estate trustee without a will").
2. Court application and bond. The court may require the administrator to post a bond — a kind of insurance policy protecting the estate's beneficiaries — which can cost thousands of dollars and add weeks of delay. In some provinces, this requirement can be waived with beneficiary consent, but that requires coordination.
3. Asset identification. The administrator has to find and identify all the assets. Without a will, a document location index, or any guidance, this can mean weeks of searching through bank statements, email accounts, and filing cabinets. This is where families feel the absence of a Ready File most acutely.
4. Distribution per provincial formula. Once debts and taxes are paid, the remaining assets are distributed according to the intestacy formula in the deceased's province of residence. The formula is rigid — there's no room for the deceased's actual preferences.
5. Guardianship proceedings (if applicable). If the deceased had minor children and the other parent is also deceased or unable to care for them, the court appoints a guardian. See the section on children below.

The entire process typically takes six months to two years — sometimes longer for complex estates or when family members disagree. Compare that to an estate with a valid will: an executor is named, the process is largely administrative, and distribution follows clear instructions. The difference in time, cost, and family stress is significant.

Province-by-Province: How Intestacy Rules Differ

Each province and territory has its own intestacy legislation. While the broad strokes are similar — spouse first, then children, then parents, then siblings — the specifics matter a lot. Here's what families need to know in each major province.

The following summaries are simplified for general awareness and may not reflect every detail or recent amendment. Always consult an estate lawyer in your province.

What About the Children?

This is the section most parents need to read. If both parents of a minor child die without a will, the question of who raises the child is decided by the court — not by the parents.

Here's what that looks like in practice:

• No named guardian. Without a will naming a guardian, the court must appoint one. Family members may come forward, but the court makes the final decision based on what it determines to be the best interests of the child. This can lead to disagreements and even custody battles between grandparents, aunts, uncles, and family friends.
• Temporary care may be needed. In the immediate aftermath, before a guardian is formally appointed, children may be temporarily placed with child protective services (the name varies by province — Children's Aid Society in Ontario, Ministry of Children and Family Development in BC, etc.). This is a short-term safety measure, but it's not what any parent would want for their child.
• The guardian may not be who you'd choose. The court considers relationships, stability, existing bonds with the child, and the child's own preferences (depending on age). But the court doesn't know your family the way you do. The person it appoints may be different from the person you would have chosen.
• Financial management of the inheritance. If children inherit under intestacy rules, the funds are typically held in trust and managed by a court-appointed trustee until the child reaches the age of majority (18 or 19, depending on province). Without a will, you can't specify how those funds should be used — for education, for extracurriculars, for specific needs.

The Real Costs of Not Having a Will

The financial cost of intestacy is real. Here's what families typically face:

• Legal fees: Estates without a will typically cost two to three times more in legal fees, because the process requires more court applications, more documentation, and more time.
• Court costs and administration fees: Filing fees, bond premiums (if required), and the cost of obtaining certified copies of documents.
• Delays: Assets may be frozen for months while the administrator is appointed and the estate is sorted out. Families may need to cover mortgage payments, utility bills, and living expenses from their own funds during this period.
• Tax inefficiency: Without tax planning opportunities that a will provides (such as spousal rollovers, trusts, or charitable donations), the estate may face a larger tax bill. The CRA still expects final tax returns to be filed, and without clear instructions, the administrator may miss opportunities for tax optimization.
• Family conflict: Disagreements over who should administer the estate, who gets what, and who should care for children are far more common in intestate estates. These disputes can permanently damage family relationships and sometimes lead to litigation that consumes a significant portion of the estate.

The emotional cost is harder to quantify but impossible to overstate. Families grieving a sudden loss should not also be deciphering bank statements, arguing over personal effects, or navigating court procedures.

What You Can Do About It Today

If you don't have a will, you're in the majority — but that doesn't mean you should stay there. Here's a practical path forward:

1. If your situation is straightforward (married, no complex assets, no business, no blended family complications), consider an online will platform like Willful or Epilogue. These services are available in most Canadian provinces, cost a few hundred dollars, and produce a legally valid will.
2. If your situation is more complex (blended family, business ownership, significant assets, cross-border considerations), see an estate lawyer. The cost — typically $500 to $2,500 for a standard estate plan — is an investment in your family's wellbeing.
3. While you're getting the will done, organize everything else. A will is essential, but it's one document. Your family also needs to know where your financial accounts are, who your insurance broker is, how to access your digital life, and what to do in the first 24 hours. That's where Ready File comes in.
4. Tell someone where everything is. A will in a desk drawer that no one knows about is better than nothing, but not by much. Make sure at least one trusted person knows your will exists, where it's stored, and how to find the rest of your household information.

Our how it works page walks through the full process of building a Ready File alongside your will — because the two work together. The will says what should happen. The Ready File makes sure someone can actually carry it out.