No will
Who can apply when a Whitby resident dies without a will
With a will, the estate trustee is named and has authority from the date of death. Without one, someone has to be appointed by the Superior Court of Justice for Durham Region, which sits next door at the Oshawa courthouse.
The order of priority
Ontario’s probate guidance gives the deceased’s spouse or common-law partner the first right to apply, then a close adult relative: a child, parent, grandchild, sibling, or nephew or niece. The applicant needs the written consent of beneficiaries who together are entitled to more than half the value of the estate, and renunciations from anyone with an equal or better right to apply who isn’t joining in.
The bond
An administration bond is a guarantee that the estate trustee will do the job properly. When there is no will, a bond is usually required, generally for double the value of the estate unless a judge orders otherwise, and it is given by an insurer or by personal sureties. There are exceptions, including in some cases where the surviving married spouse is entitled to the whole estate. Getting a bond from an insurer takes time and involves an application of its own, so we raise it at the first meeting.
Filing
The application goes to the Oshawa courthouse at 150 Bond Street East. It can be emailed; the bond and the estate administration tax payment are delivered on paper. For the general process, including estates with a will, see our main probate and estate administration page.
Who inherits
How Ontario law divides an estate without a will
The Succession Law Reform Act sets the shares. The results often surprise families, especially common-law couples.
A married spouse and children
The surviving married spouse first receives a preferential share of $350,000 (for deaths on or after March 1, 2021). Anything above that is divided: half to the spouse if there is one child, or one-third to the spouse if there are two or more children, with the rest shared among the children. If a child died before the parent, that child’s own children generally take their share. With no children, the spouse receives everything.
A worked example
A Whitby father dies without a will, leaving his wife and two adult children. The house is in his name alone, worth $850,000 with a $250,000 registered mortgage; he also had a $60,000 TFSA with no named beneficiary and $30,000 in the bank. For estate administration tax the estate is $690,000, so the tax is 640 × $15 = $9,600 (as of 2026). Suppose that after the mortgage, the tax, debts and costs, $620,000 is left. His wife takes $350,000 plus one-third of the remaining $270,000, or $440,000 in total; each child takes $90,000.
Common-law partners
As ontario.ca puts it, a common-law spouse does not inherit under the Succession Law Reform Act when there is no will, however long the relationship. A partner who was financially dependent can apply to court for support from the estate, usually within six months of the certificate being issued, but that is a claim, not an inheritance.
Other points to check
- A married spouse can instead elect an equalization of net family property under the Family Law Act, generally within six months of the death. The estate normally can’t be distributed during that time without the spouse’s consent or a court order.
- A married spouse who was separated from the deceased may lose the intestate share under rules in force since 2022, depending on the facts.
- With no spouse or children, the estate goes to parents, then brothers and sisters, then nieces and nephews, and then more distant relatives.
Why Wannes Law
A Toronto law firm that keeps you informed
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A licensed Ontario lawyer
Rosalie Wannes, licensed by the Law Society of Ontario, is responsible for your file from start to finish.
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Fees before you commit
Instant online quotes and published flat fees, so you know the cost before you retain us.
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Every step explained
Plain-language explanations of what happens, what you provide and what we handle, at every stage.
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Direct access
Reach your lawyer and law clerk directly by phone and email while your matter is underway.
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Sign in person or remotely
Meet at our Sheppard Ave E office in Toronto, or review documents by video and courier the originals.
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English, Armenian and Arabic
Talk through your matter in the language you are most comfortable with.
Step by step
Administering a Whitby estate without a will
The steps are the same as with a will, with two extra ones at the start: agreeing who applies, and arranging the bond.
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Step 1: Search for a will first
Check the home, the safety deposit box and any lawyer the person used. A will found after someone has been appointed changes everything, so this comes first.
You provide
- Death certificate
- Any papers that might be or mention a will
- Names and addresses of the spouse, children and other relatives
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Step 2: Agree who applies
We identify who is entitled to share in the estate and who has priority to apply, then prepare the consents and renunciations. Family members abroad can sign where they are; we explain what the court needs.
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Step 3: Bond and application
We arrange the bond or the order dispensing with it, email the application to the Oshawa court and deliver the bond and the tax payment.
Estate administration tax: nothing on the first $50,000, then $15 per $1,000 (as of 2026).
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Step 4: Administer the estate
The estate information return goes to the Ministry of Finance within 180 days of the certificate. The house is sold or transferred, debts and the final tax return are dealt with, and the six-month periods for a spouse’s election and dependants’ claims are allowed to run.
We handle
- Estate information return
- Sale of the Whitby home
- Coordinating with the accountant
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Step 5: Distribute by the statutory shares
With the CRA clearance certificate in hand, the estate trustee prepares accounts and distributes by the shares set out in the Succession Law Reform Act, against signed releases. Shares for minor children need special handling.
Questions
Whitby probate questions
Where is probate filed for someone who lived in Whitby?
With the Superior Court of Justice for Durham Region at 150 Bond Street East, Oshawa. Applications can be filed by email; originals, a bond and the tax payment go on paper.
My partner and I weren’t married. Do I inherit if there was no will?
Not under Ontario’s intestacy rules: a common-law partner doesn’t inherit when there is no will. If you were financially dependent, you may be able to claim support from the estate, usually within six months of the certificate. Get advice quickly.
Does a surviving wife get everything if there’s no will?
Only if there are no children, or the estate is worth $350,000 or less. Otherwise she receives the $350,000 preferential share plus a half or one-third of the rest, depending on the number of children.
Is a bond always required without a will?
Usually, generally for double the estate’s value unless a judge orders otherwise. There are exceptions, and a court can reduce or dispense with it in the right case.
How much does probate cost for a Whitby estate?
Ontario’s estate administration tax is nothing on the first $50,000 and $15 per $1,000 above that (as of 2026). The bond premium, if any, and our legal fee are separate; we quote once we understand the estate.
Can the estate sell the Whitby house?
Yes, once someone has been appointed. We act on the sale for the estate trustee; our Whitby real estate page covers the local side.
How do we avoid this for our own family?
Make a will and powers of attorney. Our Whitby wills page explains the flat-fee packages.
Areas We Serve
Probate help in Durham and across the GTA
We act on estates from Whitby, Oshawa, Ajax and Pickering, and across Toronto, York and Peel, from our Toronto office or remotely.
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Scarborough
Probate & estates for Scarborough clients. Our office is on Sheppard Ave E.
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North York
Probate & estates for North York clients.
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Markham
Probate & estates for Markham clients.
Here to help
No will doesn’t mean no plan.
Book a free 15-minute call to work out who should apply, or answer the estate questions for a quote.
Prefer to talk now? Call (647) 707-7718 · Service in English, Armenian and Arabic