Notarized declaration of legal heirs

Description

Declaration of legal heirs

• When the person has died without leaving a will or leaving an incomplete will, the declaration of legal heirs (of inheritance), which can be done in the form of a notarial act, is essential to establish the official list of heirs in accordance with the Civil Code of Quebec.
• The declaration is frequently required:
  • By banks and caisses populaires;
  • By insurance companies;
  • For assets estate claims or other administrative procedures.
• This document also allows heirs to appoint a liquidator, who will be responsible for administering the estate.
• The declaration of legal heirs must be signed by at least the majority of heirs to be valid.
• Service procedure :
• Virtual interview with a notary to properly assess your needs and obtain legal advice;
• Preparation of the declaration of legal heirs and appointment of liquidator and sending a draft to the signing heirs;
• Meeting for explanations and signing the deed in person or in the virtual presence of a notary;
• Transmitting a copy, virtual or paper, depending on the option chosen.
• The cost of using the electronic platform for signing is included in the price.
• The notary, after a thorough evaluation based on his expertise, reserves the right to refuse the signing of the deed and an administrative and opening fee of $150 + tx will be withheld from the amount refunded.

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 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 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 a notarial declaration of legal heirship.

• Appearances
• Declaration of deceased
• Marital status
• Search certificates
• Nature of estate
• Legal heirs
• Appointment of liquidator
• Acceptance of office
• Powers of liquidator
• Interpretation clause
• Signatures in the presence of the notary

Price

Fees

Available options