Description
Declaration of legal heirs
- When a person dies without leaving a will or leaves an incomplete will, the legal heirs may file, in a declaration of heirs certified by a notary the list of the deceased’s heirs as provided for in the Civil Code of Québec.
- The declaration of heirs is used with entities such as:
- financial institutions;
- insurance companies;
- or for claims regarding assets or other matters.
- The heirs may appoint a liquidator to administer the estate.
- The document will be signed electronically, and you will receive a certified copy (paper version) signed by the notary.
- The notary certifies, by his or her signature alone, that he or she has verified the identity, status, and legal capacity of the signatory heirs and that the document reflects their expressed wishes.
- Upon review of the file, the notary may, based on professional judgment, reject the application if there is any doubt regarding the signatory’s identity and/or capacity, if there is influence or interference by a third party, or if any situation exists that is contrary to the law, professional ethics, or public order. In such a case, an administrative fee of $150 plus taxes will be deducted from any refundable amount, if applicable.
- You can use our other service for declaration of legal heirs by notarial deed.
- For further legal information on liquidating or settling an estate, we invite you to consult our frequently asked legal questions.
- A period of 3 to 15 business days will be required for the preparation of your service request
Other services offered
Summary
Summary of clauses available for the preparation of notarized declarations of legal heirship (d'hérédité).
- Appearances
- Declaration of the deceased
- Marital status
- Search certificates
- Nature of estate
- Legal heirs
- Appointment of liquidator
- Acceptance of office
- Powers of liquidator
- Interpretation clause
- Notarized signature
Price
| Declaration of Legal Heirs certified by a notary – Signed before a notary | $295 |
Fees
| Number of heirs signing the document If the majority of signing heirs is more than 3, a $25 fee per additional signing heir. | - |
| Identity verification fee $5 per person signing the document. |
Starting from $5
|
Available options
| Appointment of liquidator | Included |
| Clause giving full powers to the liquidator (full administration of the estate) | Included |
