Probate and Succession (QC)
In provinces other than Quebec, the term "probate" refers to the court-supervised process of settling a person's affairs after his or her death.
Actually, the term "probate" officially refers to the process of asking the court to approve a will once the testator has died, but it is generally used to refer to all aspects of estate settlement overseen by the court, whether or not there is a will.
Probate typically takes more than a year (sometimes multiple years), and involves a number of legal steps.
In Quebec, the term "probate" is reserved for the specific process of proving that a will is valid. The actual process of settling an estate is called liquidating a succession, and must occur whether or not a will was probated.
Liquidating a QC Succession
In Quebec, the process of collecting the assets of the deceased person, resolving any debts, paying any final taxes, winding up the person's personal affairs, and distributing the estate to the proper successors is called liquidating a succession.
In other provinces, this is called "settling the estate": it is the main focus of EstateExec, and addressed throughout this guide. However, Quebec is unique when it comes to certain aspects of the legal requirements, and while other provinces often require court involvement, Quebec only requires court involvement for uncontested successions if the will must be probated.
Rather than court involvement, Quebec instead requires you to interact with Le Registre des Droits Personnels et Réels Mobiliers (RDPRM) filling out a Form RG at different times for different steps:
- Register that you are the liquidator
- Register any exemptions from seizure stipulated in the will
- Register a notice of closure of inventory
- Register a notice of closure of the liquidator's account
There are a number of other non-RDPRM requirements as well: for example, if the succession includes real property, you must publish a notice in Registre foncier, and you are not allowed to distribute the succession to the rightful successors until you receive a clearance certificate from Revenu Québec (after filing a Notice Before Distribution of the Property of a Succession (Form MR-14.A-V)).
The Gouvernement du Québec has prepared a comprehensive guide that details these various requirements and steps: What to Do in the Event of Death.
To register as liquidator, see How to Register as Liquidator (includes instructions for probating a will).
To keep things simple across all jurisdictions, much of EstateExec refers to the liquidation process as "estate settlement", and refers to the interaction with the courts/government agencies as "probate", pointing out QC-specific difference when appropriate.
EstateExec™ Makes It Easy!
EstateExec with AI software is designed to make it easy for you to manage the probate process: it includes province-specific guidance, easy financial accounting, and even the option to work together online with your lawyer or other interested parties. You can get started using EstateExec for free, and if you find it useful, pay a one-time $199 licensing fee (per estate).
See EstateExec Reference: Manage Probate for instructions using EstateExec during the probate process, including identifying assets subject to probate, generating Inventory Reports, and more.
And if you'd like a little help, we offer extra services ranging from answering simple legal questions to filing your probate application for you: see EstateExec Services for available options.
Additional Information
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