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What Happens If Someone Dies Without a Will in BC?

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Estates & trusts

What Happens If Someone Dies Without a Will in BC?

Onyx Law Group · Vancouver, British Columbia

If the person left assets in their own name, such as real estate or bank accounts, the family should choose someone to apply to court for a grant of administration. That administrator deals with taxes, sells assets and pays out the estate. With no will, the Wills, Estates and Succession Act decides who inherits; for example, a spouse with no children inherits the estate.

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Full transcript

So what happens if someone in my family dies without a will in BC? Well, first of all, it’s not uncommon for someone to die without a will. When that happens, family members should get together and find out if they, in fact, need to do anything. If the individual who passed away doesn’t really own any assets, there might not be a reason to worry about whether or not there’s a will. But if the person does have assets that have to be dealt with, for example, real estate, a bank account, or an investment account, no one can deal with it because those properties are being held in that individual’s name and they are no longer alive. In which case, family members should elect someone who is good with paperwork, good with money, running around doing things like going to the accountant and filing tax returns.

That trusted individual should be named the administrator of the estate. And then that person will take the steps necessary to get a grant of administration from the court so that they can be now the new person legally responsible for dealing with the assets. And that will include eventually paying taxes if any and selling assets and perhaps distributing some of that assets to the beneficiaries. Because there is no will, the beneficiaries will be determined by the law, our legislation, and for example, if someone had a spouse and they died without a will, with no children, then the legislation states that the spouse will inherit the estate.

General information, not legal advice.

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Onyx Law Group represents clients in family law throughout British Columbia, estate and trust litigation, estate planning and probate matters. Consult with our 17 BC lawyers · 190 combined years at the bar (2026)Candace Cho, KCCalled 2009 · 17 yrsJudith A. JanzenCalled 2000 · 26 yrsSandy Minh AbleyCalled 2005 · 21 yrsVeronica ManskiCalled 2015 · 11 yrsSusan KimCalled 2000 · 26 yrsRupinder ShokerCalled 2011 · 15 yrsJackson ToddCalled 2014 · 12 yrsValerie LeBlancCalled 2011 · 15 yrsKatya RichardsonCalled 2018 · 8 yrsRasjovan DaleCalled 2018 · 8 yrsMason HellerCalled 2019 · 7 yrsKevin CampbellCalled 2019 · 7 yrsShivleen SidhuCalled 2019 · 7 yrsTJ GarchaCalled 2022 · 4 yrsJesse PatraoCalled 2023 · 3 yrsLouisa LedesmaCalled 2024 · 2 yrsJulia PinnockCalled 2025 · 1 yrSee our full team at
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