Probate Without a Will — Letters of Administration Step by Step

Last updated July 5, 2026 · 5 min read
Quick answer
Administering a Canadian intestate estate involves — Step 1, confirming no valid Will exists (thorough search of home, lawyer, safety deposit box, provincial Wills Notice Registry); Step 2, identifying who has priority to apply for Letters of Administration (typically spouse first, then adult children, more distant relatives); Step 3, asset inventory and valuation; Step 4, application to provincial probate court with required documents; Step 5, bonding if required; Step 6, court issues Letters of Administration (4-16 weeks typical); Step 7, administer estate (debts, taxes, distribution); Step 8, distribute per provincial intestacy formula; Step 9, CRA clearance certificate; Step 10, final accounting. Generally more complex and slower than probate with a Will.

When a Canadian dies without a valid Will (intestate), the family must navigate Letters of Administration to handle the estate. This guide provides step-by-step process for administering an intestate estate.

Step 1 — Confirm no Will exists

Before assuming intestacy, search thoroughly:

At home:

  • Filing cabinet
  • Home safe
  • Personal papers
  • Computer files

Safety deposit box:

  • If box exists, contact bank
  • Specific provincial procedures for accessing deceased's safety deposit box

Lawyer's office:

  • Contact any lawyers deceased may have used
  • Some lawyers keep clients' Wills

Provincial Wills Notice Registry:

  • BC and Saskatchewan operate registries (most other provinces, including Manitoba, do not)
  • Search if applicable

Online Will services:

  • Check if deceased used any online service
  • Contact services if known

Family knowledge:

  • Ask family members and close friends
  • Specific knowledge of past Will-making

Don't assume intestacy until search is exhausted. Late discovery of a Will after Letters of Administration granted causes significant complications.

Step 2 — Identify priority applicant

Provincial law sets priority for who can apply for Letters of Administration.

Typical priority order:

  1. Spouse (legal married)
  2. Common-law spouse (in provinces that recognize)
  3. Adult children
  4. Parents
  5. Adult siblings
  6. More distant relatives
  7. Person who paid funeral expenses
  8. Public Trustee (provincial)

Higher priority can renounce in favour of lower — common when spouse is elderly or incapacitated and adult child takes administrator role.

Disputes about priority may require court determination.

Step 3 — Asset inventory

Comprehensive list of:

  • Bank accounts (all institutions)
  • Investment accounts (RRSP, TFSA, non-registered)
  • Real estate
  • Vehicles
  • Personal property of value
  • Insurance policies
  • Pensions
  • Business interests
  • Debts owed to deceased

With approximate values. Detailed valuations come later but initial scope needed for application.

Step 4 — Application to provincial probate court

Required documents:

  • Application for Letters of Administration (or Grant of Administration, etc.)
  • Death certificate
  • Asset inventory with values
  • Affidavit establishing applicant's priority
  • Consents from higher-priority persons (if applicable)
  • Specific provincial forms

Filing:

  • Provincial probate court
  • Specific filing fees
  • Specific probate fees based on estate value
  • Specific to province

Specific provincial procedures:

  • Ontario: Application for Certificate of Appointment of Estate Trustee Without a Will
  • BC: Application for Grant of Administration under WESA
  • Other provinces: Letters of Administration

Step 5 — Bonding if required

Some provinces require administrator to post a bond — insurance protecting against administrator misconduct.

When required:

  • Specific provincial rules
  • Often required unless beneficiaries waive
  • Common provinces requiring bond — Alberta, Saskatchewan, Manitoba, Atlantic provinces (varies)

Cost:

  • Specific to estate value
  • Can be substantial (specific to circumstances)

Waiver:

  • Beneficiaries can sometimes consent to waive
  • Reduces estate cost
  • Specific provincial procedures

Step 6 — Court issues Letters of Administration

Processing time:

  • Typical 4-16 weeks
  • Specific to province and court workload

What the document does:

  • Authorizes administrator to act
  • Provides legal authority to deal with deceased's assets
  • Accepted by banks, investment firms, real estate registries

Step 7 — Administer the estate

Once Letters granted, administrator's duties are similar to executor's:

  • Open estate bank account
  • Transfer assets to estate
  • Pay debts and taxes
  • File tax returns (final T1, estate T3 if applicable)
  • Manage estate property
  • Communicate with beneficiaries

See first 30 days executor for general administration overview (mostly applies to administrators too).

Step 8 — Distribute per intestacy formula

Distribution follows provincial intestacy law:

Spouse plus children scenario

Ontario (example):

  • Spouse: $350,000 preferential share + 1/3 of remainder (if more than one child) or 1/2 (if one child)
  • Children: share remaining 2/3 (or 1/2) equally

BC (example):

  • Spouse: household furnishings + preferential share ($300,000 if all the deceased's children are also the spouse's, $150,000 otherwise) + right to acquire the family home from the estate + 1/2 of the remainder (the other 1/2 divided equally among the children, regardless of how many)

Other provinces: Each has specific formula.

No spouse, with children

Children share entire estate equally per stirpes.

No spouse, no children

  • Parents first
  • Then siblings (and their descendants per stirpes)
  • More distant relatives
  • Crown if no relatives (escheat)

Step 9 — CRA clearance certificate

Same as with Will administration. Apply via Form TX19 after all tax returns filed and assessed. Protects administrator from s.159 personal liability.

See clearance certificate CRA Canada.

Step 10 — Final accounting and distribution

After clearance:

  • Prepare final accounting (detailed record of all transactions)
  • Share with beneficiaries
  • Make final distribution per intestacy formula
  • Close estate accounts
  • Specific to provincial requirements

Common complications

Disputed priority

Multiple family members claim priority to be administrator. Court determination needed. Adds time and cost.

Estate disputes

Without Will to guide, family disputes about distribution more common. Specific to circumstances.

Common-law spouse rights

Provincial variation on common-law spouse intestacy rights. Specific to circumstances and province.

Stepchildren

Stepchildren typically excluded under intestacy. Specific to circumstances and any dependant relief claims.

Discovered Will after Letters granted

If Will found after Letters of Administration issued, application to revoke and grant probate may be needed. Specific procedures apply.

Why dying without a Will is problematic

More complex administration:

  • Additional procedural steps
  • Bond cost potentially
  • Distribution disputes more common

Distribution may not match wishes:

  • Statutory formula doesn't accommodate intent
  • Common-law partners may receive less than married spouses
  • Specific people (close friends, distant family, charities) get nothing
  • Stepchildren typically excluded

More expensive:

  • Higher administration cost
  • Possible bond cost
  • Specific to disputes

Solution: Make a Will. Even simple Will dramatically improves the situation.

What we focus on at It's Simple Will

The Will Creator makes Will creation accessible. Avoiding intestacy is one of the most valuable things estate planning achieves — easier administration, distribution per your wishes, lower cost, less family conflict.

Citations & sources

  1. [1]Canadian Bar Association — Estate Administration — Canadian Bar Association
  2. [2]Government of Saskatchewan — When Deceased Does Not Have a Will — Government of Saskatchewan

Frequently asked questions

First step — confirm there's no Will?

Yes — thorough search before assuming intestacy. Check home (safe, files), safety deposit box, lawyer's office (if known), provincial wills registry (e.g., BC, Saskatchewan), online Will services, family knowledge. Don't assume intestacy until search is exhausted.

Who has priority to apply?

Provincial statute determines. Generally — spouse first, then adult children, then parents, then siblings, then more distant relatives. Higher priority can renounce in favour of lower. Disputes may require court determination.

What documents are needed?

Death certificate; asset inventory with values; affidavits establishing applicant's priority; consents from higher-priority persons (if any); specific provincial application forms. Bond documentation if required.

What about debts before distribution?

Administrator must pay debts before distribution. Same as executor — known creditors notified, creditor notification period observed, debts paid, then distribution per intestacy formula.

How is distribution calculated?

Provincial intestacy law applies. Typically — spouse gets preferential share (varies $50K-$350K+) plus portion of remainder (1/3 if multiple children, 1/2 if one child); children share remaining portion equally per stirpes. If no spouse or children, more distant relatives. Specific to province.

How long does the whole process take?

Generally 12-24 months for moderate complexity, similar to executor administration with a Will. Letters of Administration processing 4-16 weeks; then standard administration timeline.

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