You've found a handwritten will among a loved one's belongings. The document is right there — written in their hand, signed, seemingly straightforward. Yet before anyone can act on it, one mandatory step stands between you and the administration of the estate: probate. This process is often misunderstood, but it is a firm requirement under Quebec succession law — one that meaningfully protects both the heirs and the liquidator of the estate.
The Holograph Will: Valid, But Not Immediately Enforceable
Quebec law recognizes several valid forms of wills. A holograph will is one written entirely by hand by the testator, dated and signed by them — with no witnesses and no notary involved. Its simplicity makes it one of the most common forms used.
But that accessibility comes with an important caveat: unlike a notarial will, a holograph will was never executed before a professional. Its authenticity was never confirmed during the testator's lifetime by an independent authority. That is precisely why Quebec law requires that it be probated before it can serve as the basis for administering the estate.
A holograph will that has not been probated cannot be presented to third parties — not to financial institutions, not to the land registry, not to any other authority.
Probate: What Actually Happens
Who Can Carry Out the Probate?
Under Quebec law, a holograph will may be probated either before a notary or before the court. In the vast majority of cases, the notarial route is preferred: it is faster, less costly, and carries the same legal validity as a court proceeding.
A notary in Laval or anywhere else in Quebec can receive the probate application and carry the process through to completion independently.
The Steps Involved Before a Notary
The procedure involves several concrete elements:
- Presenting the original will to the notary, in the condition in which it was found
- The appearance of a witness — typically someone who can attest to the deceased's handwriting and signature, or, failing that, a handwriting expert
- Drafting a probate minute by the notary, formally documenting the state of the document and the declarations received
- Filing and transmitting the probated will to the Register of Testamentary Dispositions and Mandates of the Chambre des notaires du Québec
Once this process is complete, the holograph will carries the evidentiary weight required to be enforceable against third parties and to allow the liquidator to carry out their duties.
Me Petrulian will walk you through the specifics of your situation during your consultation, including which documents you will need to gather depending on the circumstances.
The Real Risks for Heirs and the Liquidator
Proceeding without having the will probated means running into serious roadblocks at every stage of the liquidation. Financial institutions will refuse to release assets. Transfers of immovable property cannot be registered at the land registry. Other heirs or creditors of the estate may challenge any steps taken.
In some cases, a holograph will may also face challenges on authenticity grounds — handwriting that only resembles the deceased's, an inconsistent date, an unusual signature. Probate is precisely the mechanism that resolves these questions in an official and conclusive manner, protecting the interests of everyone involved.
Why Work With a Notary in Laval
For families in Laval and the greater Montreal area, working with a local notary for holograph will probate in Laval offers a practical advantage: proximity, availability, and familiarity with the regional context.
But beyond convenience, legal certainty is what matters most. A notary with experience in Quebec succession law will guide the liquidator and the heirs step by step — ensuring every requirement is met, timelines are respected, and the estate administration can move forward without interruption.
Probating a holograph will is not a secondary formality — it is the foundation on which the entire liquidation rests.
Contact Groupe Synergie Notaires
Did you find a handwritten will among a loved one's belongings and aren't sure what to do next? Don't wait to act — every subsequent step of the estate administration depends on this one. Contact GSN Notaires in Laval at (514) 399-1009 or reach us at info@gsnotaires.com — Me Petrulian will guide you through every stage of the probate process with care and professionalism.
Groupe Synergie Notaires — 67 Boulevard Samson, Laval (Sainte-Dorothée), QC H7X 3E6