Who Inherits When There Is No Will in Ontario?
This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.
Last updated: September 2026
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When someone dies without a will in Ontario, they are said to have died intestate, and the Succession Law Reform Act decides who inherits. A legally married spouse typically takes the whole estate where the deceased left no children. Where there are children, the spouse typically receives a preferential share, which is a fixed sum set at $350,000 for deaths on or after March 1, 2021, and the rest is divided: the spouse and one child each take half of what is left, while a spouse with two or more children takes one-third. A common-law partner does not inherit under these rules, no matter how long the couple lived together. Where there is no spouse and no children, the estate typically passes down a fixed order of relatives, and to the Crown only if none can be found.
What Happens If You Die Without a Will in Ontario
Most people assume that if they die without a will, everything they own passes straight to their married spouse. In Ontario, that is often not what happens.
When a person dies without a valid will in Ontario, they are said to have died intestate, and a fixed set of rules in provincial legislation decides who inherits and in what proportions. Those rules do not ask what the person wanted, what they told their family, or who relied on them financially.
For a married couple with no children, the outcome usually matches the expectation. Once children are involved, the estate is typically divided rather than passed on whole. For couples who never married, the result can come as a genuine surprise.
This article sets out the formula itself: who receives what, and how much.
Start Here: Which Situation Is Yours
If you were married
If you were legally married to the person who died, begin with the preferential share, then read how the balance is divided with children.
If you were common-law
If you lived together but were never married, read the section on who counts as a spouse first. It is the section most likely to change what you expected.
If you are a child of the deceased
If you are the child of someone who died without a will, the sections on dividing the estate and on the order of relatives cover your position.
What Dying Without a Will Means in Ontario
Dying intestate means dying without a valid will. When that happens in Ontario, Part II of the Succession Law Reform Act sets out who inherits the estate and in what shares.
The scheme is fixed. It applies in the same way to every estate, whatever the person intended, whatever they said out loud, and whatever the family believes was promised. A court cannot adjust the shares because the result seems unfair, and family members cannot vary them by agreement before the estate is distributed.
The rules also apply to a partial intestacy, where a will exists but does not deal with everything the person owned.
Who Counts as a Spouse Under These Rules
That is a hard thing to read after a death, so it is worth being clear about what may still be available. Property held in joint tenancy with a right of survivorship typically passes directly to the surviving owner and never forms part of the estate. Life insurance, registered savings plans, and pensions with a named beneficiary typically pass the same way.
Separately from the intestacy rules, a common-law partner who depended on the deceased for support may be able to bring a dependant support claim under Part V of the same Act. That is a different claim with its own requirements, decided by a court rather than applied automatically.
A spouse who was separated at the time of death may also be treated differently, which we cover in our guide on being separated but not divorced.
The Preferential Share, and What It Actually Covers
The preferential share only matters where the person left both a spouse and children. Where there are no children, the spouse typically takes the entire estate, and no calculation is needed at all. Where there is no surviving spouse, the preferential share does not arise.
The amount is measured against the net value of the estate, which is what remains after debts, funeral expenses, and the costs of administering the estate have been paid. It is not measured against the gross value of what the person owned. Where the net value is $350,000 or less, a surviving spouse typically receives all of it, and nothing passes to the children under these rules.
How the Rest Is Divided Between a Spouse and Children
Those are two different rules, and the difference is easy to miss. The number of children changes the surviving spouse's share, not just each child's share.
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Who Typically Inherits When There Is No Will in Ontario
The distribution set out in Part II of the Succession Law Reform Act, by family situation.
| Who survives | Who typically receives what |
|---|---|
| A spouse and no children | The spouse typically receives the entire estate. |
| A spouse and one child | The spouse typically receives the first $350,000, then half of what remains. The child typically receives the other half of what remains. |
| A spouse and two or more children | The spouse typically receives the first $350,000, then one-third of what remains. The children typically share the other two-thirds equally. |
| Children, but no spouse | The children typically share the estate equally. A child who died first may pass their share to their own children. |
| No spouse and no children | The estate typically passes to relatives in a fixed order, beginning with parents. |
The $350,000 figure is the preferential share, and it applies where the death occurred on or after March 1, 2021. For deaths before that date, the amount is $200,000. Only a legally married spouse is a spouse for these rules.
Source: Succession Law Reform Act, R.S.O. 1990, c. S.26, Part II, and O. Reg. 54/95 (Government of Ontario, e-Laws). For general information only and not legal advice. Nihang Law Professional Corporation · Law Society of Ontario
An example shows the effect. Take an estate with a net value of $700,000 and a death after March 1, 2021. With a spouse and no children, the spouse typically receives the full $700,000. With a spouse and one child, the spouse receives the $350,000 preferential share plus half of the $350,000 residue, for a total of $525,000, and the child receives $175,000. With a spouse and two children, the spouse receives $350,000 plus one-third of the residue, and the two children share the rest.
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A $700,000 Estate, Divided Three Ways
Assumes a net estate of $700,000 and a death on or after March 1, 2021. Amounts typically payable under Part II of the Succession Law Reform Act.
$350,000
Preferential share to a married spouse, for deaths on or after March 1, 2021
One-half
Share of the residue to the spouse where there is one child
One-third
Share of the residue to the spouse where there are two or more children
Amounts are rounded to the nearest dollar. Where there are two children, the spouse and each child take an equal one-third of the residue, so the rounded figures may differ from the total by a dollar. Net value means what remains after debts, funeral expenses, and administration expenses. Source: Succession Law Reform Act, R.S.O. 1990, c. S.26, Part II, and O. Reg. 54/95 (Government of Ontario, e-Laws). For general information only and not legal advice. Nihang Law Professional Corporation · Law Society of Ontario
Where a child died before the parent but left children of their own, that branch of the family typically still takes the share.
When There Is No Spouse and No Children
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The Order Ontario Follows When There Is No Will
Where no relative is found at one step, the search typically moves to the next.
Children and their descendants
Grandchildren and great-grandchildren may inherit through a parent who died first.
Parents
Where there are no descendants, the estate typically passes to surviving parents.
Brothers and sisters
Where a sibling died first, their children may take that share.
Nieces and nephews
Reached where no sibling survives.
Next of kin
The nearest surviving relatives by degree of relationship, which may include half-siblings and cousins.
The Crown
The Ontario government. Reached only where no relative can be found at all, and uncommon in practice.
A legally married spouse is dealt with before this order begins. Stepchildren who were never legally adopted are not descendants for these rules.
Source: Succession Law Reform Act, R.S.O. 1990, c. S.26, Part II (Government of Ontario, e-Laws). For general information only and not legal advice. Nihang Law Professional Corporation · Law Society of Ontario
Two points catch families out. Grandchildren and great-grandchildren count as descendants and may inherit through a parent who died first. Stepchildren who were never legally adopted are not descendants for this purpose and do not inherit under these rules, however long they were part of the family.
The final step, where an estate passes to the Crown, is called escheat. The Crown here means the Ontario government. It is uncommon in practice, because the search for relatives reaches a long way through the family tree before it stops. Half-siblings and more distant cousins may still qualify as next of kin.
The Choice a Married Spouse May Have to Make
A surviving married spouse in Ontario may face a choice rather than simply receiving the intestacy entitlement. Under the Family Law Act, the spouse may elect to receive equalization of net family property instead, which is the same division of property that applies when a marriage ends during both spouses' lifetimes.
The two routes can produce very different amounts. Which one is larger depends on what each spouse owned when they married, what they owned at the date of death, and how the estate is composed.
The election is time-limited, and a spouse who does nothing is generally treated as having taken the intestacy entitlement. Because the comparison depends on the specific numbers in a specific estate, this is a point where advice matters before any deadline passes.
What the Family Needs to Do First
- 1Confirm that no will exists.Search the home, safety deposit boxes, and any lawyer the person may have used.
- 2Identify who may apply.Ontario rules give priority to a married spouse and next of kin, and an applicant typically needs to be at least 18 and mentally capable.
- 3Apply to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee without a will.
- 4Separate the assets that form part of the estate from those that do not, such as jointly held property and accounts with a named beneficiary.
- 5Pay debts, taxes, and expenses before anything is distributed.An estate trustee who distributes too early may become personally responsible.
- 6Distribute what remains according to the shares set out above.
Common Mistakes People Make About Intestacy
- ▪Assuming a spouse automatically inherits everything. That is typically only true where the person left no children.
- ▪Assuming that living together for long enough creates inheritance rights. In Ontario, it does not, and the length of the relationship makes no difference.
- ▪Treating a separation as though it were a divorce, or assuming the opposite. The two are not the same for estate purposes.
- ▪Forgetting that beneficiary designations and jointly held property sit outside the estate and are not divided by these rules.
- ▪Believing the government takes the estate whenever there is no will. That happens only where no relative can be found.
- ▪Distributing money to family before debts and taxes are paid. More of these problems are avoidable than families expect, and our guide to estate planning mistakes Ontario families make covers the rest.
Questions People Ask About Dying Without a Will in Ontario
If my husband dies without a will, do I get everything?
How much does a wife get if there is no will in Ontario?
Does my common-law partner inherit anything if I die without a will?
Who gets the house if there is no will?
Do stepchildren inherit if there is no will in Ontario?
Is the $350,000 counted before or after debts are paid?
What happens if no relatives can be found at all?
If these answers have raised a question about your own arrangements, our guide to why making a will matters is the place to start.
Getting Advice on an Ontario Estate
Ontario's intestacy rules are fixed, and they often divide an estate differently from what a family expects. The most common surprises are that a married spouse does not always inherit everything, and that a common-law partner does not inherit at all.
Talk to an Ontario estates lawyer
If you are sorting out an estate with no will, our wills and estates team can walk you through it. Qasim Ali, Principal Lawyer at Nihang Law, works with families across Toronto, Scarborough, and Brampton.
Contact Nihang LawThis article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions. Nihang Law Professional Corporation is licensed by the Law Society of Ontario.
About the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · Toronto, Scarborough & Brampton, Ontario · Law Society of Ontario
Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, Brampton, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.
Nihang Law is particularly recognized for its depth in immigration and real estate law, a combination that serves newcomers and growing families navigating both legal systems at once.
Learn more about Qasim Ali →Sources and References
- Succession Law Reform Act, R.S.O. 1990, c. S.26, Part II (intestate succession) - Government of Ontario, e-Laws
- O. Reg. 54/95 under the Succession Law Reform Act (preferential share: $200,000 for deaths before March 1, 2021; $350,000 for deaths on or after that date) - Government of Ontario, e-Laws
- Family Law Act, R.S.O. 1990, c. F.3 (election between the intestacy entitlement and equalization of net family property) - Government of Ontario, e-Laws
- Apply for probate of an estate (Certificate of Appointment of Estate Trustee) - Government of Ontario
- Law Society of Ontario - finding a lawyer or licensed paralegal
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