What Happens If You Die Without a Will in Prince Edward Island?

Dying without a valid will is called dying intestate, and in Prince Edward Island the Probate Act steps in and divides your estate according to a fixed formula — regardless of what you would have wanted.

How the formula works

In short, without a will, the Probate Act gives your spouse everything if there are no descendants; if there are descendants, the spouse receives a $50,000 preferential share plus a share of the remainder.

More precisely: the spouse takes the first $50,000 plus half of the residue if you have one child, or one-third if you have more than one.

If you have no spouse and no children, your estate passes up the family tree — parents first, then siblings, then more distant relatives. If no relative can be found within the statutory degree, your estate ultimately escheats to the Crown.

Common-law partners in Prince Edward Island

PEI does not treat common-law partners as spouses for intestacy. Without a will, a common-law partner takes nothing under the Probate Act and must rely on dependent-relief claims.

What intestacy can't do

• It can't name a guardian for your minor children — the court will decide.
• It can't leave anything to a friend, godchild, or charity.
• It can't fund a trust for a disabled beneficiary (risking loss of disability benefits).
• It can't choose your executor — the court appoints an administrator, often a relative who has to apply.

The hidden costs

Intestate estates often cost more: someone has to apply for letters of administration (with a bond in many cases), heirs need to be located, and family disputes are more common. A simple will avoids almost all of this.

Frequently asked questions

Who inherits if I die without a will in Prince Edward Island? the Probate Act decides — first your spouse and children, then parents, siblings, and more distant relatives. Does my common-law partner inherit in Prince Edward Island? No — only married or registered partners inherit on intestacy here. Does the government take my estate in Prince Edward Island? Only if no relative can be found within the statutory limits. How can I avoid intestacy in Prince Edward Island? Make a valid will — even a short one — and review it every few years.

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