If you die without a will in British Columbia, you die “intestate.” Instead of your wishes, the Wills, Estates and Succession Act (WESA) decides who inherits your estate, who administers it, and when it can be paid out. In most cases your spouse and your descendants come first, but the exact split depends on your family situation, and some people you might expect to inherit, such as stepchildren, may receive nothing.
A will is a very important instrument when it comes to estate planning. Below, we explain BC’s intestacy rules step by step, what happens to the family home and your children, and how long an intestate estate takes to settle.
| Dying without a will in BC: the short answer
A surviving spouse receives the household furnishings and a preferential share of the estate ($300,000, or $150,000 if you have children from another relationship), then half of what remains. Your descendants share the other half. If you have a spouse but no descendants, your spouse inherits everything. With no spouse, your estate goes to your descendants, then to your parents, siblings and more distant relatives. If no relative qualifies, the estate goes to the provincial government. |
What does it mean to die intestate?
“Intestate” is the legal term for dying without a valid will. Dying intestate in BC means your estate is distributed by a fixed formula set out in law, not by your own choices. When a person dies and does not leave a will, the estate is divided on an intestacy in accordance with the Wills, Estates and Succession Act in B.C.
You can also die partially intestate. If you have a will but it doesn’t deal with all of your property (for example, there is no residue clause, or a beneficiary has died and no alternate is named), the property the will doesn’t cover passes under the same intestacy rules.
Who inherits if you die without a will in BC?
BC’s intestate succession rules work through your family in a set order. Who inherits, and how much, depends on whether you leave a spouse, descendants, or neither.
If you leave a spouse and children
If a deceased person leaves a spouse and descendants, the spouse will receive the household furnishings and a preferential share of the estate. If all of the descendants (for example, the deceased’s children) are descendants of the spouse and the deceased, the spouse’s preferential share is $300,000. After the spouse’s share is paid out, the remaining estate is distributed with one-half going to the spouse and one-half divided equally among the surviving descendants. If the descendants are descendants of the deceased but not the spouse (e.g. the deceased had children from a prior relationship), the spouse’s preferential share is $150,000 and the remainder is divided the same way with one-half to the spouse and one-half among the surviving descendants.
If one of your children has died before you, the surviving children of any deceased child (i.e. grandchildren) receive that deceased child’s share.
If you leave a spouse but no children
If you die with a spouse and no children, grandchildren or other descendants, your spouse inherits your entire estate.
If you leave children but no spouse
If a deceased person leaves no surviving spouse, the intestate estate is divided equally among the surviving descendants, for example, the deceased’s children, or the deceased’s grandchildren if their child has predeceased them.
If you leave no spouse or descendants
If there are no descendants, the estate is divided between the surviving parents of the deceased or to the sole surviving parent. If there is no spouse, no descendants and neither parent is alive, the estate is divided among the descendants of the deceased’s parents, for example, the deceased’s siblings.
In the event a deceased person leaves no spouse, no children, no grandchildren or great-grandchildren, no parents, no siblings or nieces and nephews, etc. the estate is divided among the deceased’s surviving grandparents, if alive, or their descendants if not alive. After that it moves up the line to the deceased’s great-grandparents or their descendants as the case may be. If there is no one entitled to the estate under these rules, the estate becomes the property of the government.
BC intestacy rules at a glance
| Family situation | Who inherits under WESA |
| Spouse, no descendants | Spouse receives the entire estate |
| Spouse and descendants who are all also the spouse’s | Spouse: household furnishings + $300,000 preferential share + half the remainder. Descendants share the other half. |
| Spouse and descendants who are not all the spouse’s | Spouse: household furnishings + $150,000 preferential share + half the remainder. Descendants share the other half. |
| Descendants, no spouse | Divided equally among descendants (grandchildren take a deceased child’s share) |
| No spouse or descendants | Parents, then siblings and their descendants, then grandparents and their descendants, then great-grandparents and their descendants |
| No eligible relatives | Estate goes to the provincial government |
Who counts as a spouse under BC intestacy rules?
For intestacy purposes, WESA treats two people as spouses if they were married to each other, or if they lived together in a marriage-like relationship for at least two years immediately before the death. A common-law partner of two years or more generally has the same rights as a married spouse when someone dies without a will in BC.
Separation changes this. Under WESA, people generally stop being spouses once they separate, even if no divorce was ever finalized. A separated spouse can lose their entitlement on an intestacy, which is one reason to update your estate plan as soon as a relationship ends.
Stepchildren and blended families
BC’s intestacy rules only recognize your descendants: biological children, adopted children and their descendants. Stepchildren you never legally adopted do not inherit from you if you die without a will, no matter how close the relationship. Learn more about stepchildren’s inheritance rights in BC.
Blended families also feel the difference in the spouse’s preferential share. If any of your children are from a previous relationship, your spouse’s preferential share drops from $300,000 to $150,000, and all of your children share equally in the descendants’ half of the remainder. If you want to balance a spouse’s needs against children from a previous relationship, a will is the only way to decide that yourself. Our guide to estate planning for blended families covers the options.
What happens to the family home when there is no will?
When someone dies intestate and the home they shared with their spouse was in their name alone, the surviving spouse does not automatically inherit it. Instead, WESA gives the spouse the right to acquire the spousal home from the estate, usually by putting their share of the estate toward it and paying the difference if the home is worth more. The spouse generally has 180 days from the date the representation grant is issued to exercise that right, and the administrator cannot sell the home during that period without the spouse’s consent.
If buying out the other heirs would cause significant hardship, a surviving spouse can ask the court to let them keep the home anyway. In 2026, the BC Supreme Court considered this provision for the first time, vesting the home in the surviving spouse and converting the other heirs’ interests into charges registered on title (Boisvert Estate (Re), 2026 BCSC 195).
If the home was owned in joint tenancy, it usually passes to the surviving owner automatically and is not part of the intestate estate at all. Read more about what happens to the family home after one spouse dies.
Which assets aren’t covered by intestacy rules?
Not everything you own passes through your estate. Some assets go directly to another person whether or not you have a will:
- Property held in joint tenancy, such as a jointly owned home or joint bank account, which usually passes to the surviving owner through the right of survivorship.
- RRSPs, RRIFs, TFSAs and pensions with a named beneficiary. See beneficiary designations on registered accounts.
- Life insurance policies with a named beneficiary.
The intestacy rules apply only to what is left in your estate after these assets pass. Reviewing joint ownership and beneficiary designations is an important part of planning, with or without a will.
Who manages an estate when someone dies intestate?
When you die without a will, there is no executor you chose. Someone has to apply to the BC Supreme Court for a grant of administration to be appointed administrator of the estate. WESA sets the order of priority: your spouse comes first (and can nominate someone else to act), followed by your children, and then other intestate successors. If family members can’t agree, the court can appoint whoever it considers appropriate.
The administrator has the same core duties as an executor: gathering assets, paying debts and taxes owed by the estate, and distributing what remains to the people entitled under the intestacy rules. Learn more about the role of the executor and what probate involves.
How long does it take to distribute an intestate estate?
An intestate estate can’t be paid out right away. Under WESA, an administrator generally must not distribute the estate within 210 days after the representation grant is issued, unless all of the intestate successors consent or the court orders otherwise. Because obtaining the grant itself can take months, settling an estate without a will commonly takes a year or more.
If a child under 19 is entitled to a share, that money generally can’t be paid to them directly. Without a will that sets up a trust, a minor’s share is typically paid to the Public Guardian and Trustee of BC, which manages it until the child turns 19. A will lets you choose who manages that money and when your children receive it. See trusts for minors.
Who will care for your minor children?
It’s also important when making a will to consider who you would want to care for your minor children. A surviving parent will retain guardianship of a minor child, but what if both spouses die? In your will, you can appoint alternate guardians for your minor children and include a compensation clause to assist them with the financial burden.
If no parent survives and you haven’t named a guardian, someone must apply to the court to be appointed. The court decides based on the children’s best interests, and the result may not be the person you would have chosen. Learn more about what it means to be a guardian in BC.
The importance of making a will
In order to avoid an intestate estate, it’s important to make and maintain a valid will that clearly sets out how you wish to divide your estate on your death. Having a valid will in place means your estate will be administered according to your wishes and your loved ones will be taken care of.
A will lets you choose your executor, provide for a common-law partner or stepchildren, set up trusts for young beneficiaries and name a guardian for your children. Our guide to making a valid will in BC explains what WESA requires, and our resource guide to wills for BC families links to everything else you may need. To talk through your own situation, contact Deborah Todd Law about wills and estates planning in Victoria.
Frequently asked questions about dying without a will in BC
Is dying intestate the same as dying without a will?
Yes. “Dying intestate” is the legal term for dying without a valid will. You can also be partially intestate if your will doesn’t cover all of your property.
Does my spouse get everything if I die without a will in BC?
Only if you have no descendants. If you leave children or other descendants, your spouse receives the household furnishings, a preferential share of $300,000 (or $150,000 if any of your descendants aren’t also your spouse’s) and half of the remainder. Your descendants share the other half.
Does a common-law partner inherit if there is no will?
Yes, if you lived together in a marriage-like relationship for at least two years before your death and had not separated. A qualifying common-law partner has the same intestacy rights as a married spouse.
Do stepchildren inherit if there is no will?
No. Unless you legally adopted them, stepchildren are not entitled to anything under BC’s intestacy rules.
What happens if someone dies without a will and has no family?
WESA looks to more distant relatives, including grandparents, great-grandparents and their descendants. If no one qualifies, the estate goes to the provincial government.
How long after death can an estate be distributed without a will?
Generally not until 210 days after the grant of administration is issued, unless all intestate successors consent or the court orders an earlier distribution.
