What happens to a Canadian estate when someone dies without a will?

Dying intestate means the provincial statute, not the deceased, chooses who inherits. The formula typically gives the surviving legally-married spouse a "preferential share" of a fixed dollar amount, with any balance split between the spouse and the children according to a statutory ratio. Exact dollar thresholds and ratios differ between provinces and are updated periodically; check the current schedule under your provincial statute before relying on an old number.

Common-law partners in most provinces, friends, stepchildren who were never legally adopted, and favourite charities receive nothing by default, no matter how long the relationship or how clear the deceased's wishes may have been to family. Blended-family testators are especially exposed: a second marriage can combine with prior-marriage children to produce a statutory split that neither the surviving spouse nor the adult children consider fair.

The intestacy court also selects the personal representative from a priority list, usually starting with the spouse and descending through adult children and other next-of-kin. That person must still apply for a grant of administration, post a bond in some cases, and file the same tax and accounting obligations as a named executor — but without the drafting guidance a will provides.