Inherited & Estate · Ontario

What Happens to a House When a Parent Dies Without a Will in Ontario?

When someone dies without a will in Ontario, the Succession Law Reform Act decides who inherits — typically a spouse and children in set shares. Nobody can act on the house, including selling it, until a court appoints an estate trustee (via a Certificate of Appointment of Estate Trustee Without a Will), which usually goes to the closest next of kin who applies.

Old wooden shed behind a house in autumn

Who inherits, in general terms

Ontario's intestacy formula splits the estate between a spouse and children in proportions set by statute; if there's no spouse, it moves to children, then parents, then siblings, in a defined order. The exact split depends on the family situation and is worth confirming with an estates lawyer rather than assuming.

The step nobody expects: someone has to apply for authority

Unlike a will, which names an executor directly, an intestate estate has no one automatically in charge. A family member applies to the court for a Certificate of Appointment of Estate Trustee Without a Will, and until that's granted, nobody can legally list, sign for, or close on the house.

What this means for a timeline on the house itself

The house isn't going anywhere while this gets sorted, and there's no rush to decide anything about selling it during this stage. The one exception is insurance — an empty house still needs to stay covered and heated while the legal side plays out.

Common Questions
No — nobody has the legal authority to sign a sale until the court grants that appointment.
Generally the closest next of kin has priority to apply, but disputes among family members over who applies are common enough that a lawyer is worth involving early.
Next step
Sorting Out a Parent's House
The four things that have to happen, and the order they have to happen in, written for families in Chatham-Kent.
Get the free guide
Related