Seniors experiencing a loss of autonomy
Main steps in settling a succession
The property of a person who dies makes up their “succession” (sometimes called "estate"). After a person dies, the liquidator is in charge of distributing the property of the succession. Here are the applicable rules.
The liquidator
The liquidator, sometimes called "executor", is usually named in the will. If the will doesn’t name anyone, the heirs automatically become the liquidators. They can name someone else to take over this responsibility later on.
If the will appoints you as a liquidator, you can refuse this responsibility unless you’re the only heir. In that case, the law requires you to be the liquidator.
As a liquidator, you’re allowed to delegate some of your tasks to other people, including professionals like lawyers or notaries.
Main steps in settling a succession
As the liquidator, you will need to carry out several steps when settling a succession. Namely, you will have to:
- Obtain proof of death, find the deceased’s will (if there is one) and complete the formalities needed for the will to take effect.
- Make a list of the deceased’s property and debts.
- Close the deceased’s bank accounts, open a bank account for the succession, and file the deceased’s tax returns.
- Pay the deceased’s debts and distribute their property to the heirs.
- Complete other formalities to notify the required people and bodies that the succession has been settled.
A person who dies in an Indigenous community (formerly known as a “reserve”) can choose the person who will settle their succession. They can make this choice in their will.
If the person dies without a will, Indigenous Services Canada (ISC) appoints a person to settle the succession.
In both of these cases, the steps for settling a succession might differ from the ones explained in this article.
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WARNING
The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.