The Civil Code of Québec contains provisions governing the distribution of the property of a person who dies without a will, first favouring the deceased's closest relatives and then progressively including more distant relatives. These provisions are collectively known as the legal devolution of estates.
The first question to ask when settling the estate of a person who died without a will is whether the latter had a surviving spouse who was married, in a civil union or in a parental union and descendants.
When the deceased leaves a surviving spouse, whether married, in a civil union, or in a parental union, the surviving spouse will receive one-third of the estate, while the children share the remaining two-thirds . This portion of the deceased's estate must be divided according to the number of children the deceased had.
Grandchildren may also have rights in their grandparents' estate when their parent, who was himself a child of the deceased, predeceased him. In cases provided for by law, they may then inherit by representation the share that would have been allocated to their parent.
If the deceased person leaves only children, the latter will receive, among themselves, the entire estate of the deceased.
These tables allow you to determine the heirs in the event of death without a will.
