When a person passes away without a will in British Columbia, the Wills, Estates and Succession Act (WESA) governs how their estate will be distributed. The estate administration process becomes more rigid, as there are no instructions from the deceased on how to allocate their assets. Here’s an overview of how it works:

1. Priority for Estate Administration
   Someone must apply to the court to be appointed as the administrator of the estate. This is usually a close family member, such as a spouse, child, or sibling. If you are the next of kin, you may have the right to apply. If no one steps forward, the Public Guardian and Trustee of British Columbia may take on the role.
2. Distribution of Assets
   The assets of the deceased are distributed according to a predefined hierarchy under WESA:
   • If there is a surviving spouse but no children, the spouse receives the entire estate.
   • If there is a spouse and children, the spouse receives the first $300,000 (if the children are shared with the spouse) or $150,000 (if the children are from another relationship), and the remainder is split between the spouse and children.
   • If there are no spouse or children, the estate is distributed among other family members, such as parents, siblings, nieces, or nephews, in descending order of priority.
3. No Will, No Knowledge of Assets
   If the deceased had multiple properties, bank accounts, or investments, identifying and valuing these assets becomes part of the administrator’s responsibilities. This may require considerable investigation, especially if the deceased did not leave clear records.