Intestate Distribution

Distribution to Spouse

If the person dies intestate leaving a spouse and no children, then the entire estate goes to the

If the net value of the estate is less than $100,000, the surviving spouse gets everything.

  • If the value of the estate is over $100,000, the surviving spouse gets $100,000, and a charge on the estate for that amount with legal interest from the date of the death of the person.

  • The surviving spouse can choose to receive the family home instead of $100,000 instead of the $100,000 if the home's value is more than $100,000, or as part of the $100,000 if the value of the home is $100,000.

  • The remaining estate is divided between the spouse and children. With the spouse receiving half if there is one child and one-third if there is more than one child

  • If a child of a person who died intestate dies before them but leaves behind their own children, the surviving spouse gets the same share of the estate as if the child had been alive at the time of the person's death.

Distribution to Children

If there is no surviving spouse, the entire estate shall be distributed in equal shares to the children of the deceased.

Distribution to parents

The estate of an individual who dies without a will and has no surviving spouse and no children, the estate shall be distributed equally to each parent.

  • If one of the parents is dead, then the entire estate shall go to the surviving spouse.

Distribution to siblings

If someone dies without a will and has no surviving spouse, children, or parents, their estate will be given to their brothers and sisters in equal parts. If a brother or sister has already died, their children will receive their parent's share of the estate. If there are only children of deceased brothers and sisters, they will share the estate equally.

Distribution to next of kin

If someone dies without a surviving spouse, children, parents, siblings, nieces, nephews, or any children of deceased siblings, then their estate will go to their closest living relatives. The estate will be divided equally among the relatives who are of the same degree of closeness to the deceased.

  • Representation (taking the share of a deceased relative) will only be allowed up to the children of the deceased person's siblings.

NWT ISA s.2, 5-7