I’m married. What happens if I die without a will?
Question & AnswerI’m married. What happens if I die without a will?
If you die without a will, Ontario law has rules about what happens to the property in your . These are called the .
Under the intestacy rules, who gets your property depends on whether you’re or not married, and how many children you have.
The intestacy rules say only a legally married and biological and adopted children have a right to your property. The intestacy rules do not give anything to a , or stepchildren you haven’t legally adopted.
|Are you legally married?||Do you have children?||What the intestacy rules say|
|Yes||No||Your estate goes to your spouse. This includes a spouse you’re separated from but have not divorced.|
|Yes||Yes||If your estate is worth less than $350,000, your spouse gets everything. If your estate is worth more than $350,000, your spouse gets the first $350,000. The rest is divided between your spouse and children.|
|No||Yes||Your children share your estate equally.|
|No||No||Your estate goes to your living closest relatives. If you have no relatives, your estate goes to the Ontario government.|
If you’re married when you die, the intestacy rules say that after all funeral expenses, taxes, and are paid, your spouse gets the first $350,000 of your estate. This is called the “preferential share”. If there’s anything left after that, it’s shared by your spouse and any biological and adopted children.
Your spouse can decide whether they want to take what they are entitled to under the intestacy rules. Or, they can choose to get an . The question “We’re married. What happens to my partner’s property if they die?” explains what an equalization payment is and how it is calculated.
The person who deals with your estate after you die is called an . They are also called executors, estate representatives, personal representatives, estate administrators, or liquidators.
If you die without a will or don’t name an estate trustee in your will, someone has to apply to the court to be appointed as your estate trustee.
This process can cost a lot of money and take a lot of time. Nothing can happen with your estate until an estate trustee is appointed. This means your debts can’t be paid and your can’t get anything.
Once the court approves an estate trustee, they distribute the property in your estate according to the intestacy rules.