What Happens If You Die Without a Will in Quebec?
Last updated 2026-06 · Quebec
Die without a will in Quebec and the Civil Code of Québec sets out who inherits. But before any of that applies, two prior steps happen — and one group is left out entirely: de facto (common-law) partners.
First, the property is settled
Before the estate is divided, Quebec settles:
- The family patrimony — certain family assets (the residence, household furnishings, family vehicles, and registered retirement savings accumulated during the marriage or civil union) are valued and divided between the spouses.
- The matrimonial/civil-union regime (such as the partnership of acquests).
Only what remains afterward forms the estate that passes by the rules below.
The Civil Code's intestacy shares
- Spouse + children: the surviving married or civil-union spouse takes one-third, and the children share two-thirds.
- Spouse, no children: the spouse takes two-thirds, and the deceased's parents (or, failing them, siblings/their children) take one-third.
- No spouse: the children inherit everything equally; failing them, it passes to parents, siblings, and more distant relatives.
- No relatives at all: the estate goes to the Quebec government.
De facto partners inherit nothing
This is the rule that shocks people. In Quebec, only a married spouse or civil-union spouse inherits on intestacy. A de facto (common-law) partner — no matter how many years together or how many children — inherits nothing under the Civil Code. Quebec has the highest rate of common-law relationships in Canada and one of the least protective intestacy regimes for them. Only a will (or marriage/civil union) provides for a de facto partner.
The liquidator and the process
With no will, the heirs must designate a liquidator (Quebec's term for the estate administrator) to settle the succession. The heirs are determined by the Code, and the process of identifying them and settling property can be slow.
Bottom line
Quebec intestacy ignores de facto partners completely and fixes spousal and child shares by formula. If you live common-law, a will is essential.
Frequently asked questions
Who inherits if there is no will in Quebec? A married/civil-union spouse and children by the one-third/two-thirds rule; de facto partners inherit nothing. Does the government take your estate in Quebec? Only if there's no spouse and no traceable relatives. Who becomes the administrator of an estate in Quebec? A liquidator designated by the heirs (or appointed by the court). What happens to minor children with no will in Quebec? Tutorship is determined under the Civil Code, potentially by the court, rather than by your choice.
Not legal advice. General information about Quebec law as of 2026. Confirm specifics with a Quebec notary or lawyer.
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