Probate When the Deceased Left No Known Relatives in Ontario

Sometimes a person dies with no will and no relatives anyone can find. Or the relatives who exist are minors, or live far away. Someone still has to deal with the funeral, the debts and the property.

This article explains who can step forward, what role the Public Guardian and Trustee plays, and what happens if no heirs turn up.

Who inherits when there is no will

Where there is no spouse, the order is set out in the Succession Law Reform Act: issue first, then parents equally, then brothers and sisters, then nephews and nieces equally without representation, then next of kin of equal degree. Relatives conceived before the death and born alive afterward inherit as if born in the deceased's lifetime.

A common-law partner does not inherit under the Succession Law Reform Act when there is no will, although the Estates Act still allows a common-law partner to be granted administration. A spouse separated at death generally has no intestacy entitlement either.

Who can apply to administer the estate

Ontario guidance says a spouse or common-law partner generally has the first right to apply, followed by close adult relatives such as a child, parent, grandchild, sibling, nephew or niece. The court may appoint whichever relative it considers most appropriate.

Letters of administration cannot be granted to a person who does not live in Ontario, except when a grant is resealed under s. 52 of the Estates Act. If you are a distant relative abroad, that rule can matter.

The role of the Public Guardian and Trustee

The Public Guardian and Trustee (PGT) may apply to act as estate trustee when all of the following apply:

• The deceased lived in Ontario or owned real estate here.
• There is no will, or the executor has died or become incapable.
• There are no known next of kin living in Ontario, or they are minors or incapable adults.
• The estate meets the PGT's financial criteria after the funeral and all debts are paid.

There is also a notice step. If there is no will and no adult next of kin in Ontario, the local registrar must notify the PGT before letters of administration are issued to anyone else. The PGT may apply for a grant within 30 days of notice, and letters may issue sooner if the PGT consents.

If no heirs are ever found

If none of the relatives in the statutory order survive, the property becomes the Crown's and the Escheats Act, 2015 applies. The PGT may take possession, in the Crown's name, of property that passed to the Crown because someone died intestate, fully or partly, with no lawful heirs. No inquisition is required first.

That is not always the end of the story. A person who proves a legal claim to escheated property is entitled to receive it, and the Lieutenant Governor in Council may grant property to a person with a moral claim.

Practical points while the estate is open

• Funeral and burial expenses and debts are paid before the estate is distributed.
• An estate cannot be distributed on an intestacy until one year after the death.
• A bond is generally required if there is no will, and the court can reduce it or dispense with it.
• Estate Administration Tax is not payable if the estate is worth $50,000 or less.

What to do next

• Search for a will in the home, a safety deposit box, a lawyer's office, private will registries and court records.
• Record every relative you know of, however distant, and how to reach them.
• Keep funeral receipts and a list of assets and debts.
• Hold off on distributing anything until you have confirmed how the distribution rules apply to you.
• Ask a lawyer whether the PGT should be contacted in your circumstances.

Frequently asked questions