Declaration of Inheritance or Declaration of Heirs? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Succession settlement process > What is the difference between a declaration of inheritance and a declaration of heirs?

What is the difference between a declaration of inheritance and a declaration of heirs?

The declaration of heirs is a temporary document used before the persons entitled to the estate have accepted or renounced it. Its primary purpose is to identify the heirs in order to facilitate certain preparatory steps. This document is particularly important when one is not yet certain whether to accept the estate: without this declaration, appointing a liquidator could be interpreted as acceptance of the estate, which would automatically make the person liable. 

The declaration of inheritance, for its part, officially confirms the status of the heirs in accordance with the Civil Code of Québec and establishes the order of succession when it is governed by law. It is therefore issued after the acceptance of the estate and serves as formal proof for financial institutions, insurers, and government agencies.

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