What Happens If You Die Without a Will in Manitoba?

Without a valid will you die intestate, and Manitoba's Intestate Succession Act takes over. Like Alberta, Manitoba is generous to a surviving spouse or common-law partner when all the children are shared — and it recognizes common-law partners, which Ontario does not.

Manitoba's intestacy formula

• Spouse/common-law partner, all children shared: the survivor inherits the entire estate.
• Spouse/common-law partner, plus a child from another relationship: the survivor receives the greater of $50,000 or one-half of the estate, then the remainder is shared with the descendants.
• No spouse or partner: the children inherit equally; failing them, parents, siblings, and more distant relatives.
• No relatives at all: the estate goes to the Manitoba government.

Common-law partners do inherit in Manitoba

Manitoba recognizes a common-law partner for inheritance if the relationship was registered, or if you cohabited for at least three years (or one year if you have a child together). A qualifying partner inherits like a spouse — a sharp contrast with Ontario. Note that a registered or qualifying common-law partner can have the same rights as a married spouse, but proving the relationship can itself become a dispute that a will avoids.

The administrator and the wait

With no will there's no named executor. A relative must apply to the court to administer the estate before assets are released. Helpfully, Manitoba abolished probate fees in November 2020, so the cost of obtaining that authority is low — but the time and paperwork remain.

Minor children

No will means a court decides guardianship, which may not match your wishes.

Bottom line

Manitoba's rules protect a surviving partner but turn rigid in blended families and slow without a named executor. A will lets you set the shares and name a guardian.

Frequently asked questions

Who inherits if there is no will in Manitoba? Your spouse or qualifying common-law partner and descendants, under the Act's formula; if none, more distant relatives. Does the government take your estate in Manitoba? Only if no spouse, partner, or traceable relatives exist. Who becomes the administrator of an estate in Manitoba? Usually the spouse, partner, or a close relative appointed by the court. What happens to minor children with no will in Manitoba? A court appoints a guardian, which may not be your choice.

Not legal advice. General information about Manitoba law as of 2026. Confirm specifics with a Manitoba estate lawyer.