Estate without a will in Quebec: who inherits and how

What is an intestate succession?

An estate is said to be intestate when the deceased left no valid testamentary disposition, or when the will only disposes of a portion of the property. In that case, the law itself designates the heirs according to a strict hierarchical order.

The mechanism is called legal devolution. It is fully codified in articles 666 to 695 of the Civil Code of Quebec and leaves no room for interpretation: it is the law that designates, not the deceased’s presumed will.

The legal order of heirs in Quebec

The Civil Code sets a priority order among the different groups of heirs:

1. Married or civil-union spouse + descendants (children, grandchildren).
2. Married or civil-union spouse + privileged ascendants (parents) or privileged collaterals (siblings and their children).
3. Ordinary ascendants (grandparents, great-grandparents) and ordinary collaterals (uncles, aunts, cousins up to the 8^th degree).
4. Failing all of the above, the estate is devolved to the State (Public Curator — articles 696-702 CCQ).

Heirs of one rank exclude heirs of the next rank, with a few exceptions when the spouse coexists with other heirs (see sections below).

Married spouse and civil-union spouse

In Quebec, only the married spouse and the civil-union spouse qualify as legal successors for purposes of devolution. Depending on the family composition:

• Spouse + descendants: the spouse receives one-third of the estate and the descendants share two-thirds (article 666 CCQ).
• Spouse + parents (no children): the spouse receives two-thirds, the privileged ascendants one-third (article 672 CCQ).
• Spouse + siblings (no children, no parents): the spouse receives two-thirds, the privileged collaterals one-third.
• Spouse alone (no descendants, no ascendants, no privileged collaterals): the spouse inherits the entire estate.

The partition of the estate follows the prior partition of the family patrimony (articles 414-426 CCQ) and, where applicable, the partnership of acquests or other matrimonial regime — operations that give the surviving spouse their patrimonial share before the estate opens.

The fate of the de facto spouse

The de facto spouse (sometimes called “common-law spouse”) is not a legal successor in Quebec, regardless of the duration of cohabitation or the presence of children. The Act instituting civil unions (2002) clarified this distinction without changing the succession status of de facto spouses.

Concretely, without a will, the de facto spouse:

• Receives no share of the estate by legal devolution.
• Can keep property they co-own (joint account, jointly owned real estate).
• Can be a designated beneficiary of an RRSP, life insurance or pension plan (these assets pass outside the estate).
• Is entitled to certain Régie des rentes du Québec benefits (surviving spouse pension) if cohabitation conditions are met.

For a de facto spouse to inherit, it is essential to make a will that explicitly designates them.

Children and descendants

The deceased’s children — born of marriage, outside marriage or adopted — all have equal rights in the estate (article 522 CCQ). In the presence of the spouse, they share two-thirds; without a spouse, they take the entire estate in equal shares.

If a child predeceased the deceased but left descendants, their own children come in by representation and receive the share that would have devolved to their parent (article 668 CCQ).

Failing close heirs: ascendants, collaterals, the State

If the deceased leaves neither spouse nor descendants, the succession reaches up to ascendants and collaterals:

• Father and mother (article 670 CCQ): receive together half if siblings exist, the entirety if not.
• Siblings or their children by representation (article 671 CCQ).
• Ordinary collaterals up to the 8^th degree (uncles, aunts, cousins): article 677 CCQ.
• Failing any heir in the eligible degrees, the estate is devolved to the State, administered by the Public Curator (articles 696-702 CCQ). See our capsule Quebec Public Curator.

How to avoid intestate succession

To ensure your wishes are respected and to avoid the frustrations of legal devolution (especially to protect a de facto spouse, balance a blended family or favour a child with special needs):

• Make a will — notarial, witnessed or holograph (articles 712-726 CCQ).
• Explicitly designate a liquidator to avoid the default intervention of heirs or the court.
• Use beneficiary designations for RRSPs, insurance and pension plans — these assets pass outside the estate.
• Consider civil union or marriage to benefit from the patrimonial and succession effects that devolution reserves for recognized spouses.