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Q. How can we provide proof of death?
A. Only the act of death issued by the
Directeur de l'état civil is legally recognized as proof of death.
For more information, see Settle an estate.
Q. Who's in charge of settling the estate?
A. The liquidator appointed in the will is in charge of settling the estate. If there is no will or no liquidator appointed in the will, a liquidator may be designated by the majority of the heirs. If not, the court will appoint one.
In default, the heirs as a group will act as liquidator.
For more information, see Settle an estate.
Q. Can the person appointed liquidator refuse this responsibility?
A. A designated liquidator is not bound to accept this responsibility unless he is the sole heir. The sole heir who refuses the estate can also refuse to be liquidator. If the person refuses, he should do so in writing to avoid any liability regarding the estate settlement.
There is no specific deadline to accept or refuse to take on this responsibility. A reasonable time limit would be between 1 and 6 months.
For more information, see Settle an estate.
Q. Can the liquidator resign?
A. Even if the liquidator has accepted this responsibility, he can resign at any time for serious reasons. If he resigns, the liquidator must notify the heirs in writing since he is liable for any damage sustained by the heirs if there is no valid reason for his withdrawal or if it occurs in an untimely manner.
For more information, see Settle an estate.
Q. Does the liquidator have a time limit to settle the estate?
A. The Civil Code allows the liquidator to continue in office as long as it takes to settle the estate. Generally speaking, 6 months to a year is required for all the procedures. A very simple estate can be settled within 3 months, while a more complex estate settlement can take up to 3 years.
For more information, see Settle an estate.
Q. Can the liquidator also be an heir?
A. Yes, the testator can appoint one of his heirs as liquidator.
For more information, see Settle an estate.
Q. Can the liquidator be compensated?
A. If the liquidator is one of the heirs, he can request compensation as long as the testator provided for this in the will or the heirs agree to it. If the heirs do not agree on the liquidator’s compensation, the court can establish it.
For more information, see Settle an estate.
Q. Is the liquidator bound to have the will probated?
A. If the will is notarized, there is no need to have it probated.
If it is a holograph will or a will made in the presence of witnesses, the liquidator must have it probated by the court or a notary who has the power to do so. When the will is going through probate, the judge, prothonotary or notary makes sure that the will is in fact the deceased’s will, that it is his last will and that the procedures set out by the law are respected. Once probated, the will is submitted to the court registry. It is then legally recognized and the liquidator can use it.
For more information, see Settle an estate.
Q. What's the 1st thing a liquidator must do?
A. The liquidator should conduct a will search in the
Registre des testaments et mandats (Chambre des notaires du Québec) to find out if the deceased left a will, even if the liquidator already has a will (notarized or not) in hand and that he is certain that this will is the deceased's most recent will. If no will was found in the
Registre des testaments et mandats of the
Chambre des notaires du Québec, the liquidator must look through the deceased's personal papers or safety deposit box.
For more information, see Settle an estate.
Q. What should we do with all of the deceased's cards?
A. Each organization or company has its own requirements when it comes to cancelling or destroying its cards. It is better to contact each one to find out what to do.
For more information, see Settle an estate.
Q. How can we provide proof of death?
A. Only the act of death issued by the
Directeur de l'état civil is legally recognized as proof of death.
For more information, see Settle an estate.
Q. Who's in charge of settling the estate?
A. The liquidator appointed in the will is in charge of settling the estate. If there is no will or no liquidator appointed in the will, a liquidator may be designated by the majority of the heirs. If not, the court will appoint one.
In default, the heirs as a group will act as liquidator.
For more information, see Settle an estate.
Q. Can the person appointed liquidator refuse this responsibility?
A. A designated liquidator is not bound to accept this responsibility unless he is the sole heir. The sole heir who refuses the estate can also refuse to be liquidator. If the person refuses, he should do so in writing to avoid any liability regarding the estate settlement.
There is no specific deadline to accept or refuse to take on this responsibility. A reasonable time limit would be between 1 and 6 months.
For more information, see Settle an estate.
Q. Can the liquidator resign?
A. Even if the liquidator has accepted this responsibility, he can resign at any time for serious reasons. If he resigns, the liquidator must notify the heirs in writing since he is liable for any damage sustained by the heirs if there is no valid reason for his withdrawal or if it occurs in an untimely manner.
For more information, see Settle an estate.
Q. Does the liquidator have a time limit to settle the estate?
A. The Civil Code allows the liquidator to continue in office as long as it takes to settle the estate. Generally speaking, 6 months to a year is required for all the procedures. A very simple estate can be settled within 3 months, while a more complex estate settlement can take up to 3 years.
For more information, see Settle an estate.
Q. Can the liquidator also be an heir?
A. Yes, the testator can appoint one of his heirs as liquidator.
For more information, see Settle an estate.
Q. Can the liquidator be compensated?
A. If the liquidator is one of the heirs, he can request compensation as long as the testator provided for this in the will or the heirs agree to it. If the heirs do not agree on the liquidator’s compensation, the court can establish it.
For more information, see Settle an estate.
Q. Is the liquidator bound to have the will probated?
A. If the will is notarized, there is no need to have it probated.
If it is a holograph will or a will made in the presence of witnesses, the liquidator must have it probated by the court or a notary who has the power to do so. When the will is going through probate, the judge, prothonotary or notary makes sure that the will is in fact the deceased’s will, that it is his last will and that the procedures set out by the law are respected. Once probated, the will is submitted to the court registry. It is then legally recognized and the liquidator can use it.
For more information, see Settle an estate.
Q. What's the 1st thing a liquidator must do?
A. The liquidator should conduct a will search in the
Registre des testaments et mandats (Chambre des notaires du Québec) to find out if the deceased left a will, even if the liquidator already has a will (notarized or not) in hand and that he is certain that this will is the deceased's most recent will. If no will was found in the
Registre des testaments et mandats of the
Chambre des notaires du Québec, the liquidator must look through the deceased's personal papers or safety deposit box.
For more information, see Settle an estate.
Q. What should we do with all of the deceased's cards?
A. Each organization or company has its own requirements when it comes to cancelling or destroying its cards. It is better to contact each one to find out what to do.
For more information, see Settle an estate.
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