Intestate Distribution

Spouse and child

If an intestate dies leaving a surviving spouse and one child, one-half of the estate goes to the surviving spouse

If an intestate dies leaving a surviving spouse and children, one-third of the estate goes to the surviving spouse

If a child has died leaving an issue and the issue is alive at the date of the intestate's death, the surviving spouse shall take the same share of the estate as if the child had been living at that date

If an intestate leaving issue, the estate shall be distributed, subject to the rights of the surviving spouse, if any, by stocks among issue

Spouse with no child

If an intestate dies leaving a surviving spouse but no issue, the estate goes to the surviving spouse

No spouse or child

If an intestate dies leaving no surviving spouse or issue, the estate goes to the parents in equal shares if both are living but, if either of them is dead, the estate goes to the surviving parent

No spouse, child, or parents

If an intestate dies leaving no surviving spouse or issue or parents, the estate goes to the brothers and sisters in equal shares and, if any brother or sister is dead, the children of the deceased brother or sister take the share of their parents would have taken if living

No spouse, child, parents, or siblings

If none of the above, the estate shall go in equal shares to the nieces and nephews in equal shares

Next of Kin

If none of the above are alive, the estate shall be distributed equally among the next of kin of equal degree of ancestor

PEI Probate Act Pt IV