What Happens If You Die Without a Will in Ontario?

2025-07-08
Wills & Estates

According to recent studies, over 50% of Canadian adults don’t have a will in place. While many people put it off, dying without a valid will known as dying intestate can create unexpected complications for family members and loved ones left behind.

In Ontario, when someone dies intestate, their estate is distributed according to the Succession Law Reform Act. This means there’s a fixed order of who inherits what, starting with the spouse and children, then extending to more distant relatives if needed. If no next of kin can be found, the estate may ultimately be claimed by the Ontario government.

Without a will, there’s also no named executor. Someone must apply to the court for a Certificate of Appointment of Estate Trustee Without a Will, which can delay estate administration and increase legal costs during an already stressful time.

At Hoss Law, we help families and individuals avoid these problems by preparing clear, enforceable wills and guiding clients through trustee applications when needed. Proper estate planning ensures your wishes are respected and spares your loved ones from unnecessary difficulty.

For more information about wills, estates, and probate applications in Ontario, contact us today.