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Frequently asked questions > Succession/Estate > Succession settlement process > The steps to be followed in the settlement of a succession

The steps to be followed in the settlement of a succession

You have been appointed liquidator of a succession, you are the only heir of a succession and you find yourself as liquidator? You are wondering what to do for bringing this duty to a successful conclusion.

The first step for settling a succession is to obtain the death certificate, Will searches and matrimonial search. In these three cases, your notary can request and obtain for you these searches.

The inventory is of paramount importance in the process of the liquidation of a succession. It allows, among others, to determine if the succession is solvent or insolvent. With this crucial information, the heirs will choose to accept or renounce the succession. Your notary can prepare this inventory and publish the notices in the appropriate registers.

In the presence of a holograph Will or a Will before witnesses, this Will must be verified by the court or by a procedure before a notary.

If the Will is silent on the appointment of a liquidator or in the case of a succession without a Will, it may be necessary to appoint a liquidator and give notice of this appointment in the Register of personal and movable real rights (the RDPRM), which your notary can also do for you.

When there is an immvoble property, your notary can prepare for you a declaration of transmission. In the presence of a bank account, a declaration of movable transmission will be needed. Your notary can also prepare a renunciation to a succession if the latter is manifestly insolvent or make the necessary requests to Retraite Quebec, insurance companies, etc.

Your notary can also perform for you the necessary steps for cancelling the allowance for old age security, social insurance, driving licence, different cards (bank credit cards, department stores, oil companies, etc.).

The liquidator will also have to prepare, for the federal and provincial governments, the clearance certificate on one hand, and the certificate authorizing the distribution of property on the other hand. Your notary can prepare for you the documents required to obtain these certificates.

At the end of the liquidation of the succession and before delivering the property to the heirs, the liquidator will have to render a final account of his administration to the heirs. Your notary can prepare for you this document.

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