Who can apply to be the administrator of an estate when there is no will in Ontario?

When someone dies without a will in Ontario, there is no named executor. Instead, a person must apply to the court to be appointed as "estate trustee without a will" (commonly called an administrator). The court gives priority to those who are entitled to inherit under the intestacy rules.

Typically, the surviving spouse has first priority to apply. If there is no spouse, adult children are next in line. If multiple people have equal priority (for instance, two adult children), they may agree on who will act, or they may apply jointly. If they cannot agree, the court will decide.

If no family member is willing or able to apply, the court has discretion to appoint another suitable person, or in rare cases, the Office of the Public Guardian and Trustee may become involved. The application requires posting a bond, which is a form of financial security to protect the estate's beneficiaries. This process is generally more complex than probating a standard will.