Have you been appointed as the executor of an estate, are you the sole heir to an estate, and find yourself serving as the executor? Are you wondering what to do to carry out this task?
The first step is to check the Register of Funeral Arrangement Contracts to determine whether the deceased had taken out a prearranged funeral contract during their lifetime.
Obtain the death certificate, which is usually requested by the funeral home.
Conduct will searches and marriage record searches. ScriptaLegal can request and obtain these records on your behalf.
The inventory is of paramount importance in the process of settling an estate. Among other things, it helps determine whether the estate is solvent or insolvent. With this crucial information, the heirs will decide whether to accept or renounce the estate. Your notary can prepare this inventory and file the necessary notices with the appropriate registries.
If there is a holographic will or a will executed before witnesses, the will must be verified by the court or through a notarial procedure.
If the will is silent regarding the appointment of an liquidator or in the case of an intestate estate, it may be necessary to appoint an executor and file notice of this appointment with the Register of Personal and Movable Real Rights (RDPRM), which your notary can also handle on your behalf.
When real estate is involved, your notary can prepare a declaration of transfer for you. If there is a bank account, a declaration of transfer of personal property will be required. Your notary can also prepare a renunciation of the estate if it is clearly insolvent or submit the necessary requests to Retraite Québec, insurance companies, etc.
Your notary can also handle the necessary steps on your behalf to cancel Old Age Security benefits, your Social Insurance Number, your driver’s license, and various cards (bank credit cards, department store cards, gas station cards, etc.).
The liquidator must also have the certificate of discharge prepared for the federal and provincial governments, on the one hand, and the certificate authorizing the distribution of assets, on the other. Your notary can prepare the documents needed to obtain these certificates for you.
At the conclusion of the estate settlement and before distributing the assets to the heirs, the executor must submit a final account of their administration to the heirs. Your notary can prepare this document for you.