Originally published: June 22, 2017 | Last updated: April 9, 2025
Intestate succession operates as a legal system which determines how your estate will distribute when you pass away without creating a valid Will. Each Canadian province operates with distinct intestate succession laws which contain various rules and mathematical systems for property distribution. The process operates independently from your actions because the government applies its formula to determine all final results. Our guide about six consequences of dying intestate provides a complete explanation about the resulting effects.
Intestate succession is the legal process that governs how your estate is distributed when you die without a valid Will. Each Canadian province has its own intestate succession legislation with different rules and formulas. The common thread is that you have zero control over the outcome, the government’s formula decides everything. For a detailed breakdown of consequences, see our guide to six consequences of dying intestate.
Which Assets Do Not Pass Through a Will?
Not everything you own is governed by your Will (or intestate succession laws). Several types of assets pass directly to named beneficiaries outside the estate:
- Life insurance: Proceeds go directly to the named beneficiary on the policy, bypassing the estate entirely.
- RRSPs and RRIFs: Registered retirement savings with a designated beneficiary transfer directly to that person.
- TFSAs: Tax-Free Savings Accounts with a designated successor holder or beneficiary pass outside the estate.
- Joint property: Assets held in joint tenancy with right of survivorship (such as a jointly owned home) automatically pass to the surviving owner.
- Pension death benefits: Employer pensions with named beneficiaries pay out directly.
Everything else; bank accounts in your name alone, property held solely, vehicles, personal belongings, investments without designated beneficiaries; falls into your estate and is governed by your Will or intestate succession laws.
Your Will (or intestate succession laws) does not control every item which belongs to you. The following asset types transfer directly to specified beneficiaries who receive these assets outside of the estate administration process:
Without a named executor, someone must apply to the court to become the estate administrator. This requires a court application (costing hundreds to thousands of dollars), a surety bond, and often takes months. The court typically appoints the closest family member, but the process is slow, expensive, and the appointed person may not be who you would have chosen. Meanwhile, your assets are frozen; bank accounts inaccessible, property unsellable, bills unpaid.
Life insurance: The policy designates a beneficiary who receives proceeds directly from the policy while the estate remains untouched.
Provincial intestate succession formulas vary, but the general pattern across Canada is:
- Married with no children: Spouse typically receives the entire estate (in most provinces).
- Married with children: Spouse receives a preferential share ($40,000-$350,000 depending on province), with the remainder split between spouse and children.
- Common-law partner: In most provinces, common-law partners receive nothing under intestate succession, regardless of how long the relationship lasted. British Columbia is a notable exception.
- Single with no children: Estate goes to parents, then siblings, then nieces/nephews, following a statutory hierarchy.
- No identifiable next of kin: Estate goes to the provincial government (escheat).
For more detail on provincial rules, see dying without a Will in Canada.
RRSPs and RRIFs: Registered retirement savings with a designated beneficiary transfer directly to that person.
| TFSAs: Tax-Free Savings Accounts with a designated successor holder or beneficiary pass outside the estate. | Joint property: Assets which people own together through joint tenancy with right of survivorship (including shared home ownership) will become property of the last surviving owner. |
|---|---|
| Pension death benefits: Employer pensions with named beneficiaries pay out directly. | All other assets which you own as sole owner including bank accounts and property and vehicles and personal stuff and investments without specific beneficiaries will become part of your estate under Will control or state inheritance laws. |
| Who Handles the Estate Without a Will? | Someone needs to go to court for estate administration because the deceased person failed to select an executor. The process needs a court application which costs hundreds to thousands of dollars and requires obtaining a surety bond before it extends through multiple months of waiting. The court selects the nearest family member to serve as guardian but this method takes time and costs money while the chosen guardian might differ from your personal preference. Your assets become frozen during this time because you cannot access bank accounts or sell property or pay your bills. |
| Who Inherits Your Estate Without a Will? | The different provinces across Canada follow their own intestate succession rules which establish how assets distribute during inheritance. |
| Married with no children: Spouse typically receives the entire estate (in most provinces). | Married with children: Spouse receives a preferential share ($40,000-$350,000 depending on province), with the remainder split between spouse and children. |
| Common-law partner: In most provinces, common-law partners receive nothing under intestate succession, regardless of how long the relationship lasted. British Columbia is a notable exception. | Single with no children: Estate goes to parents, then siblings, then nieces/nephews, following a statutory hierarchy. |
| No identifiable next of kin: Estate goes to the provincial government (escheat). | For more detail on provincial rules, see dying without a Will in Canada. |
What Are Some Key Intestate Terms?
Write a Will. It takes about 20 minutes at LegalWills.ca and costs $49.95. You name your executor, choose your beneficiaries, designate guardians for your children, and ensure your wishes, not the government’s formula, determine what happens to your estate. For key definitions and a complete walkthrough, explore our guides.
Tim Hewson is one of the founders of LegalWills.ca.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets including CTV, Global News, The Toronto Star, and other leading Canadian publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
