When someone dies without a will in BC
Without a will, the Wills, Estates and Succession Act decides who inherits and who may apply to manage the estate. The rules are fixed; the family’s wishes do not change them.
ProbateBuddy’s first version handles estates with a will. If there is no will, this guide explains the rules, but the application itself is outside what ProbateBuddy prepares.
Who counts as a spouse
Two people are spouses under the Act if they were married, or had lived together in a marriage-like relationship for at least two years (section 2). Separation can end spousal status, so a separated spouse may not qualify. Because the definition covers both, it is possible for more than one person to be a spouse; if so, they share the spouse’s portion as they agree, or as the court decides (section 22).
Who inherits
| The deceased left | The estate goes |
|---|---|
| A spouse and no descendants | All to the spouse (section 20). |
| A spouse and descendants who are all also the spouse’s | The spouse takes the household furnishings and the first $300,000, then half of what remains. The descendants share the other half (section 21). |
| A spouse and descendants who are not all the spouse’s | The same, but the spouse’s first share is $150,000 (section 21). |
| No spouse | To the descendants; if none, to the parents; if none, to the parents’ descendants (the deceased’s brothers and sisters, and their children); and on outward through grandparents and great-grandparents and their families (section 23). |
| No one who qualifies | To the Province, under the Escheat Act (section 23). |
The $300,000 and $150,000 figures can be raised by regulation. They are measured against the net estate, after debts, funeral and administration expenses and probate fees. If the net estate is less than the spouse’s first share, it all goes to the spouse.
The family home
A surviving spouse has a right to acquire the spousal home from the estate, counting its value against their share (sections 26 and following). The administrator must tell the spouse about the right when applying for the grant, and the spouse has a limited time, 180 days, to exercise it. Anyone administering an estate that includes the home should not sell it until that is settled.
Who manages the estate
With no executor named, someone has to apply to the court for a grant of administration. Section 130 sets the order of priority. First comes the spouse, or someone the spouse nominates. Next is a child who has the consent of a majority of the children, then someone those children nominate, then a child without that consent. After them come other relatives entitled to inherit, with priority depending on whether they have the consent of those holding a majority interest in the estate. The rules continue beyond that, and the court keeps a discretion. A person applying for administration may also be asked to provide security.
A child’s share
Where a person under 19 inherits and there is no trustee for their share, the administrator must pay or transfer that share to the Public Guardian and Trustee to hold in trust for the child (section 153). A will can avoid this by naming a trustee and setting the age at which a child receives their inheritance; without one, the law decides.
When it is worth getting advice
Intestacy is where family expectations and the statute can part ways: a long-term partner whose status is disputed, a separated spouse, children from more than one relationship, or a family home that one person wants to keep. Those questions are worth a conversation with a lawyer before anyone applies.
General information for British Columbia, current to September 2026. It is not legal advice.