How can I find out all the debts of the deceased?

To ascertain the debts of the deceased, the liquidator must carry out the necessary checks to establish, as completely as possible, all the debts and obligations constituting the liabilities of the estate.

To this end, it may be necessary to check, in particular:

• bank statements and credit card statements;
• lines of credit, personal loans and other borrowing;
• mortgage loans and other debts secured by a mortgage;
• unpaid invoices and accounts;
• tax returns, notices of assessment and other tax documents;
• contracts that may include financial obligations;
• correspondence and notices from creditors;
• judgments, claims and legal proceedings that may concern the deceased;
• relevant entries in the Quebec Land Register and the Register of Personal and Movable Real Rights (RDPRM), in particular to identify certain mortgages and other securities.

Examining the transactions made in the deceased's bank accounts before their death can also help identify recurring payments, loans, or creditors that would not otherwise have been discovered.

It is important not to limit the search to documents found in the deceased's residence. Some bills, statements, and communications may only be available in electronic form. The executor must therefore, within the limits of their access rights, consider this information when it is relevant to establishing the estate's liabilities.

Creditors can also submit their claims to the liquidator during the estate settlement process. A debt unknown at the time of death may therefore be discovered later.

Known debts must be included in the estate inventory, in accordance with applicable rules. Where a debt is uncertain, conditional, or disputed, further investigations may be required to determine its nature, amount, and appropriate treatment.

However, taking inventory does not guarantee that all of the deceased's debts have been discovered. Some obligations may remain unknown despite the searches carried out and may only be revealed during the liquidation process.

A sufficiently thorough search for debts is particularly important when the estate appears to be insolvent or its solvency remains uncertain. It helps, in particular, to reduce the risk of paying certain debts or prematurely distributing assets to heirs when those assets might be needed to meet the estate's obligations.