I’m not legally 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 . They are called the .
Under the intestacy rules, who gets your property depends on whether you're married and how many children you have.
The intestacy rules say only a legally partner and biological and adopted children have a right to your property. The intestacy rules do not give anything to a partner, or stepchildren you have not legally adopted.
The table below explains what happens to your property in different situations when you die without a will in Ontario.
| Are you legally married? | Do you have children? | What the intestacy rules say |
| Yes | No | Your estate goes to your married partner.
If you're from your married partner, there are rules about whether or not your estate goes to them. But if you have divorced them, they get nothing. |
| Yes | Yes | If your estate is worth less than $350,000, your married partner gets everything.
If your estate is worth more than $350,000, your married partner gets the first $350,000. The rest is divided between your married partner and children. For people who died without a will before March 1, 2021, these amounts are $200,000. If you're separated from your married partner, there are rules about whether or not they get their share of your estate. If you have divorced your partner, they get nothing. Your children share your estate equally. |
| No | Yes | Your children share your estate equally. |
| No | No | Your estate goes to your closest living relatives based on a certain order.
If you have no relatives, your estate goes to the Government of Ontario. |
If you're not legally married when you die, the intestacy rules say that after all funeral expenses, taxes, and are paid, your biological and adopted children share your estate.
Other relatives get something only if you do not have any children.
If you do not have any relatives, then your estate goes to the Government of Ontario.
Estate Trustee
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 do not name an estate trustee in your will, someone may has to apply to the court to be appointed as your estate trustee.
This process can cost a lot of money and take a long time.
Once the court approves an estate trustee, they distribute the property in your estate according to the intestacy rules.
