Estate Administration Lawyers

Named liquidator (executor) of an estate in Quebec, or an heir wondering what comes next? Below you can see who takes estate files, their rates and open times, and book a consultation online. For a full walkthrough, read our guide to settling an estate in Quebec.

Is there an estate administration tax in Quebec?

Many searches for "estate administration" lead to Ontario's Estate Administration Tax, charged on the value of an estate when an estate certificate is applied for. Quebec has no such tax. A will made before a notary needs no probate at all; other wills are probated by the Superior Court or a notary for a fee, not a tax on the estate. If the deceased lived in Ontario, Ontario's rules may apply instead.

What does a liquidator do in Quebec?

• Will search: one search covers the registries of the Chambre des notaires du Québec and the Barreau du Québec and produces two certificates.
• Probate if needed: a holograph will or a will made before witnesses must be probated by the Superior Court or a notary. A notarial will does not.
• Inventory and notices: publish the liquidator's designation in the Register of personal and movable real rights (RDPRM), list the property and debts, then publish the closure of inventory in the RDPRM and a local newspaper.
• Taxes: file the final federal and Quebec returns, then obtain the federal clearance certificate and Revenu Québec's certificate authorizing distribution. Distributing before receiving them can make the liquidator personally liable for taxes owing.
• Debts, then heirs: pay the debts, give the heirs a final account, distribute what remains and publish the closure in the RDPRM.

Éducaloi details each one in its main steps for settling an estate.

Accepting or renouncing a succession

Heirs have 6 months from the death to accept or renounce, which can be extended to 60 days after the inventory is closed. An heir who does not renounce in time is deemed to have accepted. Renouncing is usually done by notarial act published in the RDPRM (rarely, by a declaration in court). Heirs generally do not pay debts beyond the value of what they inherit, but can lose that protection, for example if they exempted the liquidator from making an inventory or mixed their property with the deceased's before the inventory. See accepting or renouncing a succession on Québec.ca.

When to get a lawyer

Notaries also settle successions in Quebec, and many estates close without a lawyer. A lawyer usually helps when:

• the will is contested, or heirs disagree on what it means;
• the succession may not have enough to pay its debts;
• heirs refuse the final account or partition and the matter goes to court (see probate litigation lawyers);
• there is no will, or a spouse or child claims amounts from the estate.

How much does an estate administration lawyer cost?

There is no set price. Lawyers set their own rates, hourly or as a fixed fee for a step such as a probate application, and you see them on JustiConnect before you book. Ask for the fee agreement in writing.

Choosing an estate administration lawyer

• Bring the documents: the death certificate, the will, the will search certificates, any marriage contract and a list of property and debts.
• Every lawyer practising in Quebec must be a member of the Barreau du Québec.

Frequently asked questions

Do I need a lawyer to settle an estate in Quebec?

Not always. Many liquidators work alone or with a notary. Planning your own will instead? See estate planning lawyers.

Does a notarial will need to be probated?

No. A will made before a notary is an authentic act and needs no probate.

Pick a lawyer from the list and book directly, or see all open times and choose a time that works for you.