Estate Administration Without a Will

Helping You Navigate Intestacy with Clarity and Support

Trusted Support for Estate Matters Without a Will

When a loved one dies without a will, things can feel even more confusing and overwhelming. You may not know what to do next, who should take charge, or how the estate will be divided. At Mather & Company, we’re here to help you understand the process and get the support you need to move forward with confidence.

We help people across Comox, Courtenay, Cumberland, and the Comox Valley apply to administer estates where no will exists. Whether it’s a small, simple estate or something more complex, we make sure things are handled properly—clearly, respectfully, and with care.

What Happens When There’s No Will?

When someone passes away without a will, they are considered to have died “intestate.” This means there are no written instructions about who should manage their estate or how their property should be divided. In British Columbia, the law provides a set of rules for what happens next.

Instead of probate, a different court process is used. The court can appoint someone—usually a close family member—as the administrator of the estate. This person has similar responsibilities to an executor, but they must follow specific legal steps to get the authority to act.

estate administration when there is no will

Who Can Apply to Administer the Estate?

Usually, a spouse, adult child, or other close relative applies to be the administrator. If more than one person wants the role, the court may choose based on who is most appropriate. If no one steps forward, a trust company or the Public Guardian and Trustee may step in.

We can help you figure out whether you’re eligible to apply and walk you through the process if you decide to move ahead.

How Mather & Company Can Help

We offer both full-service and unbundled support for estate administration without a will. Whether you want help with the whole process or just need assistance preparing documents, we’re here to make things easier for you.

Here’s how we can help:

Explaining the Process Clearly

We’ll start by walking you through the intestacy process in British Columbia. We’ll explain your responsibilities as an administrator and answer any questions you have in plain language.

Preparing Your Application

We’ll help you collect the information and documents you need to apply for a court order—known as a “Grant of Administration.” This includes preparing court forms, listing assets and debts, and filing everything properly.

Communicating with the Court

We take care of court communications, track the progress of your application, and respond to any requests from the court for clarification or additional information.

Assisting with the Administration of the Estate

Once you receive the Grant of Administration, we continue to support you. This might include:

  • Contacting banks, insurance companies, and government agencies
  • Helping transfer or sell property
  • Distributing the estate according to BC’s intestacy laws
  • Keeping proper records and preparing reports for beneficiaries
  • Advising on tax matters and deadlines

If any disputes arise—like disagreements between family members—we’re here to help resolve them calmly and professionally. For ongoing legal support, we also offer unbundled services for related issues.

How the Estate Is Divided Without a Will

In BC, the Wills, Estates and Succession Act (WESA) sets out how estates are divided when there’s no will. It depends on who the surviving family members are:

  • If the person had a spouse but no children, the spouse receives everything.
  • If there’s a spouse and children, the estate is shared between them, with specific formulas depending on the family situation.
  • If there’s no spouse, children may inherit equally.
  • If there are no children, other relatives like parents, siblings, or nieces and nephews may inherit.

It can get complicated, especially in blended families or when there are many beneficiaries. We help make sense of it and ensure the estate is distributed according to the law.

Why Choose Mather & Company

Dealing with an estate is never easy—especially without a will to guide the way. At Mather & Company, we bring clarity, compassion, and legal experience to every case. We know this may be a difficult time, and we’re here to make things as simple and stress-free as possible.

You can count on us for:

Let’s Talk About Your Next Steps

If you’re unsure about what to do when there’s no will—or need help figuring out whether you should apply to administer an estate—we’re here for you. We’ll listen, explain your options, and help you take the next steps with confidence.

Contact Mather & Company today to book a consultation and get the guidance you need to handle an estate without a will.