If a person dies without a will, they are considered to have died “intestate.” This means that the local government, through provincial intestacy laws, determines how their assets will be distributed. Without a named executor in a will, an individual—usually a close family member—must apply to be appointed as the estate administrator (also called the administrator of an intestate estate).
Here’s how you can become an executor (estate administrator) of an estate without a will in Canada.
1. Understand Intestacy Laws in Your Province
Each Canadian province and territory has specific rules governing intestate estates. The estate is distributed to next of kin according to a set hierarchy, typically starting with the spouse and children, followed by parents, siblings, and more distant relatives if no immediate family exists.
To learn about intestacy laws in your province, visit:
- Alberta – Wills and Succession Act
- British Columbia – Wills, Estates and Succession Act (WESA)
- Manitoba – Intestate Succession
- New Brunswick – Wills and Estates Law
- Newfoundland and Labrador – Intestate Succession Act
- Northwest Territories – Estate Administration
- Nova Scotia – Probate Act
- Nunavut – Estate Administration
- Ontario – Intestacy and Estate Administration
- Prince Edward Island – Probate and Estates
- Quebec – Civil Code of Quebec – Intestacy
- Saskatchewan – Intestate Succession Act
- Yukon – Estate Administration
2. Apply for Estate Administration (Letters of Administration)
Since no will names an executor, a court appointment is required to become the estate administrator. To do this:
- File an Application for Letters of Administration with the provincial probate court.
- Provide proof of relationship to the deceased (e.g., birth certificate, marriage certificate).
- Submit a list of the deceased’s assets and debts.
- Pay required court fees and probate fees.
For probate court applications, visit:
- Alberta – Applying for Probate or Administration
- British Columbia – Probate Registry
- Ontario – Estate Administration Application
3. Determine Who Has Priority to Apply
Since multiple family members may be eligible to administer the estate, priority is typically given as follows:
- Spouse or common-law partner
- Children (if over legal age)
- Parents
- Siblings
- More distant relatives if no immediate family exists
If multiple eligible individuals wish to be the administrator, the court may decide based on who is most suitable.
4. Responsibilities of an Estate Administrator
Once appointed as the estate administrator, you will have the same duties as an executor of a will, including:
- Identifying and securing assets of the deceased.
- Notifying creditors and settling outstanding debts.
- Filing the final tax return and obtaining a Clearance Certificate from the Canada Revenue Agency (CRA). CRA Estate Tax Guide
- Distributing assets according to intestacy laws.
- Providing financial accounting to the court and beneficiaries.
5. Consider Hiring Legal Assistance
Administering an estate without a will can be complex, especially if disputes arise between family members or if the estate has significant assets. Many administrators choose to consult an estate lawyer or probate specialist to navigate the process efficiently.
For legal assistance, visit:
- Canadian Bar Association – Wills and Estates Law
- Legal Aid Services by Province:
- Legal Aid BC
- Legal Aid Ontario
Successfully Administering an Intestate Estate
Becoming an estate administrator requires court approval, financial responsibility, and compliance with provincial laws. Understanding the intestacy process and seeking professional guidance when needed can help ensure the deceased’s assets are distributed fairly and efficiently. For more information, check with your provincial probate court or consult a probate lawyer for support.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified professional for guidance on estate administration in Canada.
