What happens to an estate in Ontario if someone dies with no will and no living relatives?

In Ontario, if a person dies without a will (intestate) and has no surviving relatives who qualify under the Succession Law Reform Act, the estate passes to the Crown — a concept known legally as "bona vacantia" or "escheat." The province of Ontario essentially becomes the residual heir.

The Succession Law Reform Act sets out a priority list of relatives who can inherit on intestacy: spouse, children, grandchildren, parents, siblings, nieces and nephews, and so on down the family tree. Only when none of these relatives can be found does the estate escheats to Ontario.

In practice, the Office of the Public Guardian and Trustee (OPGT) may become involved in administering the estate and searching for heirs. People who believe they may be entitled relatives can come forward with genealogical evidence to make a claim, even after the estate has initially been determined to have no heirs.

The risk of escheat is one reason estate planning professionals encourage people without close family to make a will. A will can direct assets to friends, chosen individuals, charities, or organizations in ways that intestacy rules cannot. Without a will, the person you intended to benefit has no claim, and the estate may ultimately go to the Crown.