5 things to know about the communication of documents to heirs
- Obtain a copy of the will:
- Heirs are either named in the will, or in its absence, determinable according to the legal devolution of successions (art. 653 C.C.Q.).
- All heirs and creditors may receive a copy of the will;
- For all other individuals wishing to gain access to the will, they may directly inquire with the drafting notary.
- Obtain will searches:
- To settle an estate, heirs must first find out if the deceased left a will. Heirs will need the original death certificate or a copy of the act of death for will searches. It will enable them to obtain the required will search certificates.
- Subsequently, they must submit a request for a will search in both, the register of wills of the Barreau du Québec, and the register of wills from the Chambre des notaires, along with a copy of the death certificate or act of death.
- Obtaining an inventory:
- Make sure to obtain a copy of the inventory, which constitutes the exact and faithful enumeration of all the property entrusted in the administration of the liquidator or constituting the administered patrimony (art. 1326 C.C.Q.), which includes:
- Description of the immovables,
- Description of the movables,
- Indicate their value,
- In the case of a universality of movable property, provide sufficient identification of the universality,
- Description of the currency in cash, investments and other securities,
- Listing of valuable documents,
- Statement of liabilities (i.e. bank statements and transactions),
- Recapitulation of assets and liabilities.
- The inventory must be notarized en minute, or by private writing before 2 witnesses.
- What are the formalities to respect regarding the inventory? The inventory must be published to the RDPRM and in a newspaper circulated in the locality of the deceased’s last address.
- What happens if the settling of the estate takes more than one year? The liquidator must produce an annual updated account at least once a year.
- Obtain a list of all personal items:
- In addition to the inventory, heirs should ensure to obtain a list of all personal items belonging to the deceased.
Examples include pieces of art, jewellery, and all other valuables.
- Obtain tax returns of the deceased and trust tax returns:
- The liquidator is responsible for filing the deceased’s provincial and federal taxes for the years prior to his death, if left unaccomplished, as well as the tax returns for his year of death.
- Heirs should ensure they obtain a copy of the deceased’s tax returns, as well as the trust tax returns.
- For more information on fiscal matters and estates, please consult the Revenu Québec and Canada Revenue Agency websites.
- For Revenu Québec, please visit: https://www.revenuquebec.ca/en/
- For Canada Revenue Agency, please visit: https://www.canada.ca/en/revenue-agency.html
For more information on settling an estate, please visit: https://schneiderlegal.com/2016/07/30/settling-an-estate/
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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.