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 formalities must be completed, and the notary plays a central role at each stage.
The Formalities to Complete Before the Sale
The sale of real property forming part of an estate may take place before the liquidation of the estate is completed. The liquidator must, however, have the powers needed to carry out the sale, and the required estate and real estate formalities must be completed to allow the transaction.
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.
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.
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 Groupe Synergie 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 Groupe Synergie 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.
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.