What happens if someone dies without a will in New Brunswick?

This answer covers the law of New Brunswick.

When someone dies without a will in New Brunswick, the Probate Court appoints an administrator, usually a family member or close friend, who collects the assets, pays debts and taxes, and distributes to those legally entitled. Administration may be granted to the spouse or next-of-kin as the Court considers proper.

Distribution depends on who survives. With a spouse and no issue (no children or grandchildren), the whole estate goes to the surviving spouse. With a spouse and one child, the spouse takes the intestate's interest in marital property plus one-half of the residue. With a spouse and two or more children, the spouse takes that interest plus one-third of the residue, and the balance goes to the issue. With no spouse or issue, the estate goes to the father and mother equally, then brothers and sisters, nephews and nieces, then next of kin of equal degree.

An unmarried common-law partner has no intestate share under the Act, though a support application may be possible. The Public Trustee may administer an estate with a probate value of $25,000 or less after filing an affidavit with the Registrar, without a Court appointment. A lawyer can confirm how the rules apply to your family.