How does a bank account get transferred when someone dies in Ontario without a will?
When someone dies in Ontario without a will and with a solely owned bank account, the account forms part of their estate and must be distributed according to Ontario's intestacy rules under the Succession Law Reform Act. The bank will typically require a Certificate of Appointment of Estate Trustee without a Will before releasing funds to anyone other than the account holder.
To obtain this certificate, a family member or other interested person applies to the court and is appointed as estate trustee. Priority for appointment generally follows a statutory order of preference — typically a spouse or adult children first. Once appointed, the estate trustee can deal with the account as part of the broader estate administration.
Small balance accounts at some institutions may be released without a court certificate if the bank's own policies permit it, but this is at the institution's discretion. For any significant balance, a court certificate is the standard expectation. The estate trustee then distributes the funds according to Ontario's intestacy formula after paying debts.
Key takeaways
- Solely owned bank accounts without a named beneficiary require probate to transfer.
- Without a will, an estate trustee without a will is appointed by the court.
- Ontario's intestacy rules under the Succession Law Reform Act determine who inherits.
- Some institutions may release small balances without a certificate at their discretion.