Intestate Succession Explained With Examples
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How to fill out Affidavit Of Heirship, Next Of Kin Or Descent - Decedent Died Intestate?
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FAQ
In most cases, the estate of a person who died without making a will is divided between their heirs, which can be their surviving spouse, uncle, aunt, parents, nieces, nephews, and distant relatives. If, however, no relatives come forward to claim their share in the property, the entire estate goes to the state.
When a person does not have a valid will when they die, it is called an intestacy. When this happens, Ontario's Succession Law Reform Act sets out how the estate is distributed. In general, when a person dies without a will, the people who can inherit their estate include their spouse and closest next-of-kin.
(c) where a 3[widow or widower of any relative] of an intestate has married again in the lifetime of the intestate, 4[such widow or widower] shall not be entitled to receive any share of the property of which the intestate has died intestate, and 4[such widow or widower] shall be deemed not to be existing at the ...
In an intestate situation, the surviving spouse receives all of the community property and a portion of the separate property based on a predetermined formula set out in probate law. If the decedent was not married but has children, then the children will inherit everything equally.
If you have a surviving spouse but no children, your spouse gets 100% of your estate. If you have a spouse and children, your spouse gets 1/3 of your estate and the remaining 2/3 is divided equally between your children. If you only have children, your entire estate is divided evenly among them.