Dying Without a Will in Ontario: Who Inherits?

When someone dies without a will (intestate) in Ontario, Part II of the Succession Law Reform Act decides who inherits.

With a married spouse

• No children: the spouse inherits everything.
• One child: the spouse gets the preferential share of $350,000 (for deaths on or after March 1, 2021), then the rest is split equally between spouse and child.
• Two or more children: after the preferential share, the spouse gets one-third and the children share two-thirds.

Without a spouse

The estate goes to children; if none, to parents; then brothers and sisters; then nieces and nephews; then more distant relatives.

Common-law partners

Common-law partners don't inherit under the intestacy rules. They may be able to claim dependant support or other remedies, which can be costly and uncertain.

Separated spouses

Since 2022, a married spouse who was separated at the time of death may not inherit under these rules.

Who manages the estate?

Someone must apply to the court to become the estate trustee.

The easy fix

A will lets you choose who inherits and who manages your estate.

Sources

• Succession Law Reform Act
• O. Reg. 54/95: preferential share
• Ontario: estate planning and wills

Read next: Your Digital Life After Death: Online Accounts and Assets

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: assorted-title books · person holding black covered book on brown wooden table.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.