Declaration of real estate property transfer in the presence of a notary (notarized)

Description

• The declaration of real estate transmission (residential property)  identifies the liquidator and establishes the rights of the heirs, in any real estate held by the deceased.
• This declaration takes the form of a notarial deed and must be published in the land register.
• Depending on the signing of this document, the property covered by such a declaration will then either be retained by the estate with the aim of reselling it or passed on to the heirs for conservation.
• A maximum of 3 properties can be designated in this online notarial transmission declaration.
• Service procedure:
• Virtual interview with a notary to assess your needs and obtain legal advice;
• Preparation of the document and sending of a draft, by secure email;
• Meeting for explanations and signing of the declaration in person or in the virtual presence of a notary;
• Publication in the land register;
• Transmission of a copy, virtual or paper, depending on the option chosen.
• The cost of using the electronic signature platform is included in the price.
• After examining the file, the notary may, according to his professional expertise, refuse the file if there is any doubt as to the identity and/or capacity of the signatory, influence or interference by third parties or in the presence of any situation contrary to the law, professional ethics or public order. In such a case, an administrative fee of $150 plus taxes will be withheld from any refundable amount, if applicable. 

Notes

• If you are unable to sign a deed in person at the notary's office, remote signing via videoconferencing is possible. This virtual approach complies with the standards set by the Chambre des notaires du Québec.

• Direct remote signing is possible if you are far from the notary of your choice, especially in urgent situations where a delay could affect your rights. This option is also available if physical, health or climatic constraints prevent you from traveling.
  • For further legal information, please consult our legal FAQ section.
  • A period of 5 to 20 business days will be required for the preparation of your service request

  Summary

  Summary of the clauses offered for the preparation of the declaration of real estate transfer.

  • Appearance
  • Information on the deceased
  • Option 1
  • Testamentary succession
  • Option 2
  • Legal succession and rights of those appearing
  • Legatees and heirs (proportions and qualities)
  • Appointment or renunciation of liquidator
  • Assets making up the estate
  • Designation
  • Real estate
  • Mortgage claim
  • Method of acquisition
  • Declarations relating to the Act respecting the protection of agricultural land and agricultural activities optional
  • Stipulation of unseizability
  • Stipulation of inalienability
  • Devolution
  • Issue of bequests
  • Intervention
  • Referral to
  • Notice of appointment of liquidator
  • GST and QST declarations
  • Division of estate between heirs only
  • Interpretation clause
  • Special notices
  • Information required under the Act respecting duties on transfers of immovables
  • Closing form, reading and signatures

  Price

  Declaration of real estate property transfer in the presence of a notary (notarized)

  $675

  Fees

  Registration fees in the Land Register - Non-taxable	$142
  Land Register consultation fees - Non-taxable $15 for each additional property.	Starting from $15
  Additional verifications $150 for each additional property.	-

  Available options

  Certified hard copy $40 per certified hard copy required	Starting from $40
  Option - Estate Distribution ((transfer of an heir’s share to another heir)	$255