You've just inherited a property and you're thinking about selling. Before reaching out to a buyer or listing a price, there's a legal process to work through — one that's often more structured than people expect. Selling an inherited property in Quebec doesn't work the same way as a standard real estate transaction. Several steps must be completed in the right order, and the notary plays a central role at each stage.
Why You Can't Sell Right Away
This is one of the first surprises for heirs: even if the deceased left the property to them, they don't yet legally own it in a formal sense. Before any transaction can take place, the estate must be liquidated in accordance with the rules set out in the Civil Code of Québec. This means a liquidator must be designated, the debts and obligations of the estate must be settled, and the title to the property must be officially transferred to the heirs.
Only once that process is complete do the heirs become, in the full legal sense, the registered owners of the property — and therefore in a position to sell it.
The Notary's Role in the Liquidation
The notary handling the estate coordinates the essential steps: drafting the declaration of transmission, registering the rights at the Land Registry, and issuing the documents confirming that the title is clear and transferable. Without that registration, no valid sale can take place.
For families in Laval and the surrounding area, working with an estate notary from the outset helps avoid unexpected delays and ensures everything is in order before even considering listing the property.
When Multiple Heirs Are Co-Owners
It's quite common for an inherited property to be owned by more than one person at the same time — a situation known as undivided co-ownership. This arrangement, which arises frequently in families, adds a layer of complexity to the sale.
A Decision That Requires Full Agreement
Under Quebec law, certain decisions regarding property held in undivided co-ownership must be made collectively. To sell the property as a whole, all undivided co-owners must consent to the transaction. If even one heir objects or is difficult to reach, the sale can be blocked or significantly delayed.
Me Petrulian will walk you through the details and available options during your consultation, including the mechanisms provided by law when reaching an agreement among heirs proves difficult.
Documents to Prepare Before Signing
Any real estate sale — inherited or not — requires that certain documents be in order. With an inherited property, this review is even more important, since the property may have gone years without any administrative updates.
What the Notary Reviews and Coordinates
- The certificate of location: it must be current and accurately reflect the present state of the land and buildings. If it's several years old, a new one will need to be commissioned.
- The state of encumbrances on the property: hypothecs, real rights, servitudes — all must be identified and, where necessary, discharged prior to the sale.
- Releases and confirmations: documentation confirming that the financial obligations tied to the property have been fulfilled.
An estate notary in Laval like GSN Notaires handles these verifications thoroughly, working in coordination with the Land Registry and all other relevant parties.
Planning for the Timeline: A Sale That Takes Longer
Selling an inherited property generally takes longer than a standard real estate transaction. Between the estate liquidation, the registration of rights, coordinating among heirs, and preparing the necessary documents, several weeks — or even months — may pass before a deed of sale can be signed.
Understanding this upfront prevents a great deal of frustration. A longer timeline isn't a sign that something has gone wrong — it simply reflects the legal process that Quebec law requires in order to protect everyone involved.
The key is to start early, surround yourself with the right professionals, and avoid rushing a transaction that deserves to be handled properly.
Contact Groupe Synergie Notaires
Have you inherited a property in Laval or the greater Montreal area and are looking to sell? Contact GSN Notaires at (514) 399-1009 or info@gsnotaires.com to schedule a consultation with Me Petrulian, who will guide you through every step of the process — from the estate liquidation through to the signing of the deed of sale.