For your peace of mind
After receiving the death certificate from the Directeur de l’état civil, the will search is the next step in an estate settlement. These searches at the Chambre des notaires du Québec and at the Barreau du Québec will inform of the existence of any notarized will or one prepared by a lawyer. After identifying the deceased’s last will, the estate settlement can begin. In a situation where no will exists, we can also assist you in the necessary steps to follow.
Probating a will
One of your loved ones has died and left a handwritten will (also called a «holograph will») or a will made in the presence of witnesses. Do you know that these types of wills still need to be validated by a notary or by the court before proceeding with the estate settlement? We have the expertise to execute this procedure.
Estate settlement is not simple, just like the liquidator role and the responsibilities that come with it. Let our professionals guide you. We will gladly accompany you in these difficult times by taking care of the legal aspects of the estate settlement. Contact us as soon as possible to avoid any inadvertent action on your part which would make you responsible for the deceased’s debts.
By law, the estate liquidator has the obligation to prepare an inventory of the deceased’s property. This inventory is a document which lists all the assets and debts on the date of death. It is used by the potential heirs to decide if it is in their best interest to accept or refuse the estate. The inventory also allows the potential heirs to limit their responsibility towards the estate’s creditors if the estate becomes insolvent during the settlement process.
This document summarizes the details of the estate settlement and is prepared and remitted by the liquidator. We will gladly assist you in collecting all necessary information (including the list of all sums and property remitted to the heirs) and drafting the document. This is one of the last steps of an estate settlement. It also includes the liquidator’s release so it is crucial for it to be properly drafted.
Declaration of transfer
Did you know that you still need to consult a notary if you own a property with your deceased spouse and you inherit his/her share? Indeed, the notary has to prepare a declaration of transfer to effectively transfer the property of the deceased to you. This document needs to be notarized and published at the registry office. Contact us and we will gladly prepare this document for you.
Registering at the Personal and Movable Real Rights Registry Office
Commonly known as the RDPRM, this registry is used to officially register various documents. In an estate situation, it is especially important to register the nomination of a liquidator, the closure of the inventory, the closure of the liquidator’s account and any exemption from seizure clause to protect heirs from third parties.
Other rights must also be published such as a marriage contract, a gift included in the marriage contract, a divorce judgment or a renunciation to the family patrimony.
Unfortunately, estate settlement can cause many conflicts. An unbiased and neutral mediator notary can help to avoid expensive legal proceedings in court. Contact us so we can help you.
Notarial act to renounce a succession
After preparing a final inventory list (refer to the Inventory section), an estate may have no equity, that is to say that the amount of its debts exceeds the value of its assets. In order for the heirs to renounce their rights to such an estate, they must notarize their decision in less than six months following the death, in most cases, otherwise they are deemed to have accepted the estate.
As previously mentioned, contact us as soon as possible and, in any event, before signing and registering a renunciation at the RDPRM, to avoid any inadvertent action on your part which would make you responsible for the deceased’s debts.