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Wills & Estates

What happens if I die without a will in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

When you die without a valid will in Ontario, you are said to have died "intestate." Your estate does not simply pass to whoever you want — instead, the Succession Law Reform Act dictates exactly who inherits and in what shares. The government's formula applies regardless of your personal wishes or your family's circumstances.

Your estate must still go through a court process. A family member will need to apply to the court to be appointed as your estate administrator (rather than an executor named in a will). This process can take longer and cost more than probating a standard will.

The intestacy rules prioritize your spouse and children. If you have no close relatives, your estate can ultimately pass to the provincial government through a process called escheat. Speaking with a lawyer to create a will is the surest way to direct where your assets go.

Key takeaways

  • Ontario's Succession Law Reform Act controls who inherits when there is no will.
  • A court must appoint an administrator, which can delay and complicate the process.
  • Your personal wishes have no legal effect without a valid will.
  • Without relatives, your estate may pass to the provincial government.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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