Succession settlement process

Steps

• The steps to be followed in the settlement of a succession

Death certificate

• Why obtain an act of death or a death certificate issued by the Registrar of civil status of Quebec?
• Who can ask for an act of death or death certificate from the Registrar of civil status of Quebec?

Will search

• Why proceed to a Will search?

Cancellation and verification of documents

• Why require the verification of the matrimonial regime?
• Why cancel the social insurance number?

The inventory

• Why must we proceed to an inventory?
• What must contain the inventory?
• Can we refuse to make an inventory if we judge that it is useless?
• Can the inventory be waived when a minor, a protected adult, or an absent person is entitled to a share of the estate?
• What should the liquidator do once the inventory is completed and signed ?

The declaration of transmission

• Does the exemption clause protect the property from all creditors?
• What is a declaration of transmission?
• What must contain the declaration of transmission?
• What other formalities must be accomplished with the declaration of transmission?
• Why a declaration of transmission of movable property?

Exemption Clause

• What is a clause of unseizability in a will?
• What conditions must be met for an exemption clause to be valid?
• What does “serious and legitimate interest” mean?
• Can a clause exempting assets from seizure be permanent?
• Can we simply state that the bequest is made “as support”?
• Can a building be bequeathed as alimony?
• What types of property can be subject to an exemption clause?
• Does a non-attachment clause prevent the beneficiary from selling the property?
• What is a clause prohibiting the transfer of property in a will?
• Why have a clause exempting assets from seizure published?
• Does the exemption clause have to be published?

The rendering of account

• What is a rendering of account?
• Why make a rendering of account?
• What are the prior steps to the distribution of the property of the succession?
• What are the other debts that the liquidator can have to pay before distributing the property of the succession?
• Why obtain a certificate authorizing the distribution of property?
• What is the usefulness of a discharge?

Succession settlement without a will

• What is a declaration of legal heirs (declaration of inheritance)?
• In what situations is a declaration of inheritance required?
• What is the purpose of a declaration of inheritance?
• What is the difference between a declaration of inheritance and a declaration of heirs?
• Who can apply for a certificate of inheritance?
• Is a declaration of inheritance required for all estates?
• Can a financial institution require a declaration of inheritance?
• Does the declaration of inheritance allow for the appointment of a liquidator?
• Does the appointment of a liquidator have to be published in the RDPRM?
• Does a declaration of inheritance replace a real estate transfer declaration?
• Who must sign the declaration of inheritance?
• Why have a notary prepare a declaration of legal heirs, whether it is notarized or certified?
• Can the heirs grant specific powers to the liquidator?
• Does the declaration of inheritance have to be a notarized document?
• What is the difference between a declaration certified by a notary, a notarial deed, and a declaration signed in the presence of witnesses?
• What documents are required to file a declaration of inheritance?
• Is it possible to amend a declaration of inheritance?