The days after a death
There is no will
When there is no will, someone still has to be appointed to administer the estate, and provincial law decides who inherits. Who may apply, and what the grant is called, differ by province. This is general information, not legal advice.
Who may apply
Only five jurisdictions publish a genuine ranked list of who may apply to administer an estate: Alberta, Saskatchewan, Nova Scotia, Newfoundland and Labrador, and the Northwest Territories. British Columbia's is consent-based rather than a family tree. Ontario, New Brunswick, Prince Edward Island, and Yukon use a discretionary formula (the spouse or next of kin, as the court thinks best), not a fixed ladder. Manitoba publishes no order of priority at all.
By province
| Where | Grant name (no will) | Who may apply |
|---|---|---|
| ON | Certificate of Appointment of Estate Trustee | Discretionary formula (spouse or next of kin, as the court thinks best), Estates Act s.29(1). Not a ranked ladder. |
| BC | Grant of administration without will annexed | Consent-based, not a family-tree ranking. |
| AB | Grant of Administration | A published ranked priority list. |
| SK | Letters of Administration | A published ranked priority list. |
| MB | Letters of administration | Manitoba publishes no order of priority at all. |
| QC | No grant is issued; the succession is administered by a liquidateur | Not applicable in the common-law sense; the Civil Code governs. |
| NB | Letters of administration | Discretionary formula, not a ranked ladder. |
| NS | Grant of Administration | A published ranked priority list. |
| PE | Letters of Administration | Discretionary formula, not a ranked ladder. |
| NL | Letters of Administration | A published ranked priority list. |
This page does not restate who inherits and in what share. Those rules differ in detail by province, and a wrong figure does real harm. Use your province's official source for the distribution rules.
Notifying federal programs
Federal benefits are payable for the month in which the death occurs. This applies to Old Age Security including the GIS, the Allowance, and the Allowance for the Survivor, and to CPP retirement, disability, children's, and survivor benefits. Any payment issued after the month of death must be returned, and if it has already been redeemed it must be repaid. No fixed number-of-days deadline is published; the standard is as soon as possible, plus the duty to return. To return a payment, have the bank return post-death deposits to the originator, or send a cheque in Canadian funds payable to the Receiver General for Canada.
Common questions
Who can apply to administer an estate with no will?
It depends on the province. Only five jurisdictions publish a genuine ranked list. Most use a discretionary formula (the spouse or next of kin, as the court thinks best), and Manitoba publishes no order at all. The table shows which applies where.
How much does each family member inherit when there is no will?
We do not restate the shares here, because they differ in detail by province and a wrong figure does real harm. Use your province's official source, linked in the table, for the distribution rules.
Where to go from here
General information only, not legal advice. Guidepost is not a law firm. Intestacy rules are set by each province; use the official source linked for each. Full disclaimer. Last updated: July 2026.