What Happens If No Relatives Can Be Found After a Death in BC?

Sometimes a person dies without a will and nobody seems to know of any family. You may be a friend, a neighbour, a landlord or a professional who has been left to sort things out, and you may wonder who is entitled to anything.

In British Columbia, the government is the last person in line, not the first. This article explains how far the search for relatives goes, who can administer the estate in the meantime, and what happens if the estate does end up with the Crown.

This article covers the law of British Columbia.

Who inherits before the government does

When someone dies without a will and has no surviving spouse, the Wills, Estates and Succession Act (WESA) sends the estate in a set order. It goes first to the deceased's descendants. If there are none, it goes to the parents in equal shares or to the surviving parent.

After that come the descendants of the parents (siblings, nieces and nephews), then grandparents and their descendants, then great-grandparents and their descendants. So an estate is only treated as having no heirs after a wide circle of relatives has been ruled out.

Spouses come ahead of this list. A person counts as a spouse if they were married to the deceased or lived in a marriage-like relationship for at least 2 years, and separated spouses generally stop counting. Keep in mind that the relatives may be distant, so a missing close family does not mean the estate has no heirs.

Searching for relatives

There is no single place that lists a person's family. In practice, the search is about reasonable steps: looking through the deceased's papers, address books, emails and phone, speaking with friends, employers and faith communities, and checking for family trees, obituaries or old correspondence.

The court process also builds in a safety net. When someone applies for administration, a notice of proposed application in Form P1 goes to each intestate successor. If there is none, it goes to the Attorney General. Notice also goes to each creditor with a claim over $10,000 and to anyone the court orders.

• Gather the deceased's papers, devices, and any address or contact lists.
• Write down every name you find and how each person is connected.
• Keep a record of who you contacted and what you tried, in case the court asks.
• Ask a lawyer whether a professional heir search makes sense for the size of the estate.

Who can administer in the meantime

The first priority to be granted administration is the spouse or a person nominated by the spouse. A child ranks next, applying with the consent of a majority of the children. The court may appoint any person it considers appropriate in special circumstances.

If no one is willing or able to act, the Public Guardian and Trustee may administer the estate. It may refuse if the cost of administering would exceed the value of the estate's assets. The court may appoint the Public Guardian and Trustee only with its prior written consent, or if it applies itself.

No grant may issue unless the Public Guardian and Trustee swears that no person in B.C. is entitled to share in the estate. Where a minor or someone who is not mentally competent may be an heir, notice also goes through the Public Guardian and Trustee.

When the estate passes to the government

If no one in the listed groups is entitled, the whole intestate estate passes to the government, and the Escheat Act then applies. Under that Act, land escheats to the government when the last owner dies intestate and without lawful heirs. The Attorney General may assign personal property that passes to the government on intestacy without kin.

This is not always final. The Attorney General may restore escheated land to a person with a legal or moral claim, and may authorize payment of proceeds to a person with a legal, equitable or moral claim. The Act gives no direct right to apply, so any request is a matter for the Attorney General's discretion.

What to do next

• Secure the deceased's property and papers without distributing anything.
• Search carefully for a will, including on devices, because a will changes everything.
• Document every attempt to find relatives.
• Speak with a lawyer before applying, especially if the estate is large or complex.
• Keep your records of assets and debts up to date, because the affidavit of assets and liabilities may be filed later, and a supplemental affidavit must be filed promptly if assets or liabilities change.

Every estate is different, so a lawyer can confirm how these rules apply to the facts you have.

Frequently asked questions