Letters of Administration in Canada — Probate Without a Will
When a Canadian dies without a valid Will (intestate), the estate is administered through Letters of Administration. This guide covers the process, who can apply, and how distribution works.
Terminology by province
Different provinces use different terms for the same concept:
- Letters of Administration — used in several provinces including Alberta, Saskatchewan, Manitoba, Atlantic provinces
- Grant of Administration — used in BC under WESA
- Certificate of Appointment of Estate Trustee Without a Will — used in Ontario
All refer to the same concept — court authorization for someone to administer an intestate estate.
Who can apply
Priority for who can apply for Letters of Administration is set by provincial statute. The general pattern (specific provinces vary):
1. Spouse (legal married spouse)
2. Common-law spouse (in provinces that recognize)
3. Adult children (collectively or one applying with others' consent)
4. Parents
5. Adult siblings
6. More distant relatives
7. The person who paid funeral expenses (in some provinces)
8. Public Trustee (provincial; if no family applies)
Higher priority person can renounce in favour of lower priority. Disputes about priority sometimes require court determination.
Provincial intestacy distribution
Without a Will, provincial intestacy law determines distribution. The general pattern (specific provinces vary):
Spouse plus children:
- Spouse receives a "preferential share" (specific amount varies by province — typically $50,000-$300,000+)
- Plus portion of remainder (often 1/3 if multiple children; 1/2 if one child)
- Children share remainder
Spouse only (no children):
- Spouse takes all or significant majority
Children only (no spouse):
- Children share equally per stirpes
No spouse or children:
- Parents
- Siblings
- More distant relatives in priority order
No relatives at all:
- Escheat to provincial Crown
Provincial variations
Ontario: Spouse preferential share $350,000 (as of 2021 increase); plus 1/3 of remainder if more than one child; 1/2 if one child.
BC: Spouse receives household furnishings, preferential share ($300,000 if all the deceased's children are also the spouse's children; $150,000 otherwise), a right to acquire the spousal home from the estate at fair market value (WESA replaced the old life-estate rule), plus 1/2 of the remainder — the other 1/2 goes to the children regardless of how many there are.
Alberta: Specific amounts and percentages under Wills and Succession Act.
Other provinces: Each has specific intestacy formula.
The process — generally similar to probate with Will
Step 1 — Confirm no Will
Thorough search:
- Home, safety deposit box, lawyer's office
- Provincial Wills Notice Registry (BC, Manitoba, Saskatchewan)
- Contact known associates
Step 2 — Determine priority applicant
Identify who has priority under provincial law. Get consents from higher-priority persons if applicable.
Step 3 — Prepare application
- Asset inventory with values
- Death certificate
- Specific provincial forms
- Affidavits establishing priority
Step 4 — File with court
- Provincial probate court
- Pay application fees and probate fees
- Specific to province
Step 5 — Bond if required
Some provinces require administrator to post a bond unless waived.
Step 6 — Court issues Letters of Administration
Typical processing 4-16 weeks depending on province and complexity.
Step 7 — Administration
Similar to executor's role:
- Asset inventory and valuation
- Pay debts and taxes
- File tax returns
- Apply for CRA clearance certificate
- Distribute per intestacy formula
Bonding requirement
Some Canadian provinces require administrators to post a bond — insurance protecting against administrator misconduct or breach of duty.
Why bond required for administrators but not executors:
- Executor was chosen by deceased (presumed trust)
- Administrator is appointed by court (less personal selection)
- Bond protects beneficiaries
Specific provinces require bond unless waived by beneficiaries. Bond cost can be substantial (varies with estate value).
Common practice: Beneficiaries often consent to waive bond requirement to reduce estate cost.
Common-law spouse considerations
Provincial law varies on common-law spouse rights under intestacy.
Some provinces:
- Common-law spouses treated similarly to married spouses after specific cohabitation period
- Specific rights under intestacy
Other provinces:
- More limited rights
- Specific dependant relief may apply
- Specific provincial law applies
Significant variation; specific to circumstances and province.
Why dying without a Will is problematic
Administration is more complex:
- Letters of Administration process slower than probate with Will
- Bond requirement in some provinces
- Disputes about priority and distribution common
- Specific procedural complications
Distribution may not match wishes:
- Statutory formula doesn't account for individual circumstances
- Common-law partners may receive less than expected
- Specific beneficiaries (charities, friends) get nothing
- Cottage and family property issues
- Specific to province
Cost is typically higher:
- Additional procedural steps
- Possible bond cost
- More potential disputes
- Specific to circumstances
Family conflict more likely:
- No clear deceased's instructions
- Disputes about priority and distribution
- Stressful family negotiations
Solution: Make a Will. Even basic Will dramatically improves estate administration.
Specific to common situations
Long-term common-law partner
Without Will, partner's rights depend on provincial law. Some provinces grant intestacy rights after specific cohabitation period; others don't. Even where granted, may be less than married spouse. Common-law partners should especially make Wills.
Estranged adult child
Under intestacy, estranged adult child has same entitlement as close child. No way to favour close family or exclude estranged child without a Will. If exclusion intent exists, Will is essential.
Charity intent
No way to leave to charity without a Will. Intestacy gives nothing to charities, friends, or causes. For charitable intent, Will is essential.
Stepchildren
Stepchildren typically receive nothing under intestacy. Need to be specifically named in Will to inherit.
Tax considerations
Same as with Will — capital gains at death (deemed disposition), spousal rollover where applicable, final T1 return, clearance certificate. Process is the same; just the distribution differs.
What we focus on at It's Simple Will
The Will Creator makes Will creation accessible and quick. Even a basic Will is dramatically better than dying intestate. For most Canadians, online Will creation eliminates the intestacy problem.
Related guides
Citations & sources
- [1]Government of Ontario — Estate Trustee Without a Will — Government of Ontario
- [2]Government of BC — Grant of Administration — Government of British Columbia
Frequently asked questions
What's the difference between probate and Letters of Administration?
Probate (or Grant of Probate) validates a Will and authorizes the named executor. Letters of Administration appoints an administrator when there's no Will. Same general purpose (authorize someone to handle the estate) but different mechanisms. Provincial terminology varies.
Who can apply for Letters of Administration?
Priority order varies by province but typically — spouse (legal and sometimes common-law); adult children; parents; siblings; more distant relatives. Sometimes the person who paid funeral expenses. Specific provincial priority rules apply.
How does distribution work without a Will?
Provincial intestacy law applies — a statutory formula distributing the estate. Typical pattern — spouse receives preferential share plus portion of remainder; children share remaining portion; more distant relatives if no spouse or children; Crown if no relatives at all (escheat).
Is a bonding requirement involved?
Some provinces require the administrator to post a bond (insurance protecting against administrator's misconduct). Specific to province and circumstances. Beneficiaries can sometimes waive bond requirement. Costs apply if bond required.
Does it take longer than regular probate?
Generally yes, somewhat. Additional steps — establishing applicant priority, possibly bond requirement, intestacy distribution calculation, specific provincial procedures. Typical 6-16 weeks for Ontario; similar range for other provinces.
Why would I die without a Will?
Common reasons — never made one; old Will revoked (by marriage in most provinces); Will lost; Will held invalid for technical reasons. Around 50% of Canadians die without a current Will. Significantly more complex and costly for family.