Estate settlement in Laval with a notary
After a death, heirs and the liquidator face many administrative and legal steps. Settling an estate involves several steps whose order and application may vary depending on the situation. Among other things, it is necessary to carry out the testamentary searches with the Chambre des notaires du Québec and the Barreau du Québec, to have the will verified when verification is required, to draw up the estate inventory and to complete the publications provided by law. We assist families and liquidators at every stage, with rigour and care.
The role of the liquidator and the notary
The liquidator is responsible for administering and settling the estate: identifying the heirs, listing the property and debts, paying creditors and distributing what remains to the beneficiaries. The testator may name one or more liquidators in the will. If no liquidator is named, the office falls by operation of law to the heirs, who may, among other things, appoint a liquidator by majority.
The notary helps you understand your obligations and protect yourself personally, prepares the necessary deeds, notably the declaration of transmission for real estate, and guides you through the steps.
When to contact us
- As soon as possible after a death, to know where to begin.
- If you have been named liquidator and want to understand your obligations before acting.
- If the estate includes real estate, which must be transferred to the heirs or sold.
- If you are wondering whether to accept or renounce the estate.
The main steps of settling an estate
Testament search
After death, testamentary searches must be carried out with the Chambre des notaires du Québec and the Barreau du Québec to verify whether a will exists and to identify the most recent one registered in their respective registers.
Verification of the will, if needed
After death, a holograph will must be verified by a notary or by the Superior Court before it can be used to settle the estate. Verification aims, among other things, to establish that it does come from the deceased and that it meets the formal requirements set out by law.
Inventory of property and debts
The liquidator draws up a complete inventory of property and debts. The inventory does not have to be made by notarial deed, unless the deceased’s will expressly requires that form.
Declaration of transmission
When real property forms part of the estate, the rights of the heir or legatee must be registered at the land register by means of a declaration of transmission of real property received by notarial deed en minute. Where the rights arise from a holograph will or a will made before witnesses, that will must first have been verified.
Tax obligations
Before making the final distribution of the estate’s property, the liquidator must make sure the estate’s tax obligations have been fulfilled and obtain the required tax authorizations or certificates from Revenu Québec and the Canada Revenue Agency. Premature distribution of property can, among other things, engage the liquidator’s personal liability for certain amounts owed to the tax authorities.
Distribution
Payment of creditors, then delivery of the balance to the beneficiaries.
The exact sequence may vary depending on your file.
What to prepare
- The death certificate issued by the Québec Directeur de l’état civil.
- The deceased’s will, if there is one, or the details of the notary if you know it was made before one.
- A list, even incomplete, of property and debts: real estate, bank accounts, investments, vehicles, RRSPs, life insurance, hypothecs, unpaid taxes.
- Your valid identification.
- The complete list of documents to provide is sent to you when your appointment is confirmed.
What is a declaration of transmission?
When real property forms part of the estate, the rights of the heir or legatee must be registered at the land register by means of a declaration of transmission of real property received by notarial deed en minute. Where the rights arise from a holograph will or a will made before witnesses, that will must first have been verified.
Why do a testament search?
After death, a testamentary search must be carried out to verify whether the deceased left a will and to make sure that the will found is indeed the most recent one. This search is one of the first steps to take before continuing with the settlement of the estate.
Can one renounce an estate?
A successible may accept the estate or renounce it. Acceptance may be express or tacit and may also result from the law. In principle, an heir is not liable for the estate’s debts beyond the value of the property the heir receives, subject to the exceptions provided by law. Express renunciation of an estate is made by notarial deed en minute or by a judicial declaration of which act is given. The renunciation must also be registered in the Register of Personal and Movable Real Rights (RDPRM).
How long does it take to settle an estate?
It varies greatly depending on the makeup of the estate and the circumstances. See our guide on timelines or contact us for an assessment of your file.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.
Related services
Your notary in Laval
Groupe Synergie Notaires is located at 67 boulevard Samson, in Laval (Sainte-Dorothée). The firm is led by Me Mirabela Petrulian, notary.
About Me Petrulian →Directions and opening hours →Guides to learn more
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