If you die without a will in New Brunswick, you die “intestate.” Your assets will be automatically distributed according to the Devolution of Estates Act. While a legally married spouse and children will inherit the estate, common-law partners have zero automatic rights to inherit any of your property.
Many people delay writing a will because they assume their spouse or children will naturally inherit everything without issue. However, dying without a will in New Brunswick creates a rigid, legally mandated process that can leave your loved ones tied up in bureaucratic red tape.
Whether you live in Fredericton, Moncton, or Saint John, dying intestate means you surrender all control over who gets your home, your savings, and who will raise your minor children. The provincial government’s default rules will apply, and these rules rarely match what a modern family actually wants. 📍
Step-by-Step Process for an Intestate Estate in New Brunswick
When there is no will, there is no appointed executor. The Court of King’s Bench must step in to formally appoint someone to manage your estate, which slows down the process significantly.
Step 1: Appointing an Administrator
Someone-usually your closest living relative-must apply to the Court of King’s Bench to be appointed as the “Administrator” of your estate. This is done by applying for Letters of Administration. 📄
Because you did not choose this person, multiple family members might fight over the role, leading to costly legal delays. The administrator has the exact same duties as an executor, including paying off debts and filing your final taxes with the CRA.
Step 2: Securing Assets and Paying Debts
Before anyone inherits a single dollar, the administrator must gather all your assets. They must close your bank accounts, sell your house if necessary, and pay off your outstanding credit cards, mortgages, and final income taxes.
Only the “residue” (what is left over after debts are paid) can be legally distributed to your surviving family members.
Step 3: Distributing Assets Under the Devolution of Estates Act
The remaining estate is strictly divided based on New Brunswick’s Devolution of Estates Act. The administrator has zero flexibility to give extra money to a child who needs it more, or to give a sentimental item to a close friend.
If you leave behind a legally married spouse and children, the distribution follows a precise mathematical formula dictated by provincial law.
How Your Estate is Divided Without a Will
| Surviving Relatives | How the Estate is Legally Divided in NB |
|---|---|
| Legally Married Spouse, No Children | The spouse inherits 100% of the entire estate. |
| Spouse and One Child | All marital property goes to the spouse. The remaining estate is split 50/50 between the spouse and the child. |
| Spouse and Multiple Children | All marital property to the spouse. The remaining estate: 1/3 to the spouse, 2/3 divided equally among all children. |
| Common-Law Partner | Receives absolutely nothing automatically. The estate goes to children, or if none, to parents or siblings. |
How Much Does it Cost in New Brunswick?
Dying intestate is far more expensive than drafting a proper will, as the legal fees burden your grieving family:
- Probate/Administration Fees: The Court of King’s Bench charges fees based on the value of the estate. The fee is generally $5 per $1,000 of the estate’s value.
- Legal Fees for Administration: Because an intestate estate is highly complex, hiring a law firm to guide the administrator usually costs between $2,500 and $6,000 CAD or more, depending on the estate’s size.
- Administrator Bonds: The court may require the administrator to post a financial bond (like insurance) to guarantee they won’t steal the money, which can cost hundreds or thousands of dollars.
How Long Does the Process Take?
Administering an estate without a will is notoriously slow. Getting the initial Letters of Administration from the court can take 3 to 6 months. ⏱
Once appointed, the administrator must clear the estate with the CRA to get a Clearance Certificate. The entire process of settling an intestate estate in New Brunswick typically takes anywhere from 1 to 2 years before the final heirs see their money.
Frequently Asked Questions (FAQ)
Do common-law partners really get nothing?
Yes. Under the New Brunswick Devolution of Estates Act, common-law partners have no automatic right to inherit your property. If they want financial support, they must sue the estate under the Provision for Dependants Act, which is a stressful and incredibly expensive legal battle.
Who gets decision-making responsibility for my children?
If you die without a will and the other biological parent is not around, the court will decide who gets decision-making responsibility (formerly custody) of your minor children. This could result in a custody battle between your parents, siblings, or in-laws.
Does the government take all my money?
No, this is a common myth. The government only takes your estate (escheats to the Crown) if you have absolutely no living blood relatives anywhere in the world. The law will search for cousins, aunts, and distant relatives before the province claims the money.
What happens to a jointly owned house?
If you own a home with your spouse as “Joint Tenants,” the house automatically passes directly to the surviving spouse outside of the estate. It is not affected by the intestacy laws.
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