How to Apply for Probate (QC)

QC Application Process

There are several steps you must take to represent and manage a Quebec estate.

1. Probate and Registration: To settle an estate in Quebec, you must register as liquidator of the succession, submitting a Form RG to Le Registre des Droits Personnels et Réels Mobiliers (RDPRM).
   • If you are not the default liquidator (because the will appoints you as such, or because there is no will and you are first in line in terms next-of-kin rules), it's best to attach written agreements to your appointment from everyone who will inherit from the succession.
   • Attach an official copy of the death certificate or the funeral director’s statement of death.
   Before registering as liquidator, you must probate the will if necessary (i.e., prove its validity). Probating a will is only necessary if it is not a notarial will (i.e., one prepared and held by a notary). You can work with a notary to probate a will, as long as the will is not being challenged, or you can probate the will in court. To probate a will in court, you must submit the following documents to the court:
   • Application for Probate (primarily available in French)
   • The original will and any related codicils
   • Will search certificates from Barreau du Québec and Chambre des Notaires
   • A copy of the act of death issued by the Directeur de l’état civil
   • A sworn stating attesting to the validity of the will (see Modèle 2)
   • A Notice to Successors (Modèle 3) for each person named in the will to inherit, and for each person who would inherit if there were no will (see Task: Notify Heirs).

   Quebec probate fees are just $223 (since this is only for validating the will, and not the overall succession). See Tariff of judicial fees in civil matters, CQLR c T-16, r 10, s15.

   See Justice Quebec: Application for the Probate of Will for detailed instructions and the forms referenced above.
2. Notice: In Quebec,
   • If you are probating a will in court, deliver the court-returned certified copies of Notice to Successors (see Task: Start Probate) via bailiff, registered mail, or certified mail. Submit proof of your deliveries to the court.
   • Otherwise, simply notify the successors of the opening of the succession and the liquidator's appointment.
   • Note that heirs have 6 months from the date of death, or 60 days after the closure of inventory, whichever comes later, to renounce a succession (if desired) via a notarial act.
   • See Civil Code of Québec, CQLR c CCQ-1991, s 772 and s 776.
3. Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
4. Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
5. Next Steps: Once you have successfully registered as liquidator, you can proceed with the liquidation process.

In Quebec, the Superior Court in the judicial district in which the deceased lived handles probate and estate administration (see court locations).

In case you're interested, instructions for probate application in other provinces can be found here: