Estate law

Estate settlement in Laval with a notary

After a death, heirs and the liquidator face many administrative and legal steps. In Québec, settling an estate follows a precise framework set by the Civil Code. We assist families and liquidators at every stage, with rigour and care.

The role of the liquidator and the notary

The liquidator is responsible for administering and settling the estate: identifying the heirs, listing the property and debts, paying creditors and distributing what remains to the beneficiaries. The liquidator is generally named in the will; otherwise the heirs must agree on one or apply to the court.

The notary helps you understand your obligations and protect yourself personally, prepares the necessary deeds, notably the declaration of transmission for real estate, and guides you through the steps.

When to contact us

  • As soon as possible after a death, to know where to begin.
  • If you have been named liquidator and want to understand your obligations before acting.
  • If the estate includes real estate, which must be transferred to the heirs or sold.
  • If you are wondering whether to accept or renounce the estate.

The main steps of settling an estate

  1. Testament search

    Before any distribution, the liquidator searches the Register of Wills of the Chambre des notaires du Québec and that of the Barreau du Québec.

  2. Verification of the will, if needed

    A holograph will or a will made before witnesses must be verified by the court or a notary before being carried out; a notarial will is enforceable upon death.

  3. Inventory of property and debts

    The liquidator draws up a complete inventory, which lets the heirs decide, with full knowledge, whether to accept or renounce the estate.

  4. Declaration of transmission

    For real estate, a notarial deed registered at the land register allows the property to be transferred to the heirs or sold.

  5. Tax obligations

    Required tax returns and obtaining the clearance certificates from Revenu Québec and the Canada Revenue Agency before final distribution.

  6. Distribution

    Payment of creditors, then delivery of the balance to the beneficiaries.

The exact sequence may vary depending on your file.

What to prepare

  • The death certificate issued by the Québec Directeur de l’état civil.
  • The deceased’s will, if there is one, or the details of the notary if you know it was made before one.
  • A list, even incomplete, of property and debts: real estate, bank accounts, investments, vehicles, RRSPs, life insurance, hypothecs, unpaid taxes.
  • Your valid identification.
  • The complete list of documents to provide is sent to you when your appointment is confirmed.
Frequently Asked Questions

What is a declaration of transmission?

It is a notarial deed, registered at the land register, that allows a deceased person’s real estate to be transferred to the heirs or sold. Without it, no real estate transaction is possible on the property.

Why do a testament search?

It confirms there is no more recent will. The liquidator must do it before any distribution; failing to do so exposes the liquidator to legal recourse.

Can one renounce an estate?

Yes. If debts exceed assets, an heir can renounce the estate to avoid inheriting the debts. The inventory allows the decision to be made with full knowledge.

How long does it take to settle an estate?

It varies greatly depending on the makeup of the estate and the circumstances. See our guide on timelines or contact us for an assessment of your file.

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.

Related services

Your notary in Laval

Groupe Synergie Notaires is located at 67 boulevard Samson, in Laval (Sainte-Dorothée). The firm is led by Me Mirabela Petrulian, notary.

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