Me. Yanis Bouktit, Notaire

Depending on its complexity and the proficiency of the liquidator, it can take many months before an estate is complete and the inheritors can expect their inheritance. This is why the intervention of a notary is crucial to ensure that delays do not extend more than they should.

First, it is important to determine if the deceased has left a will. The very first step is to request the certificates of will search from the Chambre des notaires and the Barreau du Québec. If the deceased has left a notarial will, it does not require probate; any other type of will has to be probated. If there is no will, then the inheritors have to identify themselves in a document called the “Declaration of heirship”, and to nominate a liquidator of their choice. The liquidator can then start acting to close all the accounts of the deceased, open an estate account, cancel all of the services, pay the debts, do the last tax declaration, and then distribute to the inheritors.

If the succession is not solvent, then the inheritors can always choose to renounce to it. They have SIX (6) months from the day of death to renounce the succession, they have to act quickly.