Overview
When someone dies without a valid will, they die "intestate." BC's Wills, Estates and Succession Act (WESA) has specific rules for who inherits. The deceased's wishes don't matter – distribution follows the statutory formula based on family relationships.
Who inherits?
BC intestacy rules prioritize close family members. The basic order:
- Spouse (including common-law partners of 2+ years)
- Children (biological and legally adopted)
- Parents
- Siblings
- Nieces and nephews
- More distant relatives
- The government (if no relatives can be found)
The specific split depends on the family situation.
Spouse entitlements
Spouse only, no children
Spouse gets everything.
Spouse + children who are all children of both the spouse and deceased
Spouse gets everything. (The children eventually inherit from the surviving spouse.)
Spouse + children where at least one child is NOT the spouse's child
Spouse gets:
- All household furnishings
- First $300,000 of the estate
- 50% of the remainder
Children share the other 50% equally.
Example
Estate worth $500,000. Deceased has spouse and one child from a previous relationship.
- Spouse gets: household items + $300,000 + 50% of remaining $200,000 = $400,000
- Child gets: 50% of $200,000 = $100,000
If there's no spouse
| Situation | Who inherits |
|---|---|
| Has children | Children share equally |
| No children, has parents | Parents share equally |
| No children or parents, has siblings | Siblings share equally |
| No close relatives | More distant relatives (nieces, nephews, cousins) |
| No relatives at all | Escheats to the BC government |
If a person who would have inherited has died, their share typically goes to their descendants (per stirpes).
Who can be administrator?
Without a will, there's no executor. Someone must apply to be "administrator." Priority:
- Spouse
- Children
- Grandchildren
- Parents
- Siblings
- Any other next of kin
Higher-priority people must either apply, renounce, or consent to someone else applying. You can't just skip ahead in line.
The intestacy probate process
The process is similar to probate with a will, with these differences:
- Apply for "grant of administration" instead of "grant of probate"
- Use Form P5 instead of P3/P4
- No will to attach to the application
- Must show your priority to be administrator
- May need renunciations from higher-priority relatives
- Distribution follows intestacy rules, not instructions in a document
Extra caution
Because there's no will to guide decisions, keep detailed notes of every choice and communication. It reduces the risk of family disputes.
Return to the Complete BC Probate Guide →
Frequently asked questions
What if multiple people want to be administrator?
Priority goes in the order set by law: spouse first, then children, then parents, etc. If two people have equal priority (e.g., two adult children), they can apply jointly or one can get the others to renounce.
Can the deceased's wishes be considered even without a will?
No. Without a valid will, intestacy rules strictly determine distribution. What the deceased said they wanted, even in writing, doesn't count unless it meets will requirements.
What about common-law partners?
In BC, common-law partners who lived in a marriage-like relationship for at least 2 years have the same intestacy rights as married spouses.