Notarized declaration of legal heirs

Description

Declaration of legal heirs

• When a person has died without leaving a will or leaving an incomplete will, the declaration of heirs (d'hérédité), which may be in the form of a notarial act, is essential to establish the official list of heirs in accordance with the Civil Code of Québec.
• The declaration is frequently required:
  • Banks and credit unions;
  • Insurance companies;
  • For estate assets claims or other administrative procedures.
• This document also allows the 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 assess your needs and obtain legal advice;
• Preparation of the declaration of legal heirs and appointment of liquidator, and dispatch of a draft to the signing heirs;
• Meeting to explain and sign the deed in person or in the virtual presence of a notary;
• Transmission of a virtual copy.
• The cost of using the electronic signature platform is included in the price.
• The notary, after a thorough evaluation based on his expertise, reserves the right to refuse to sign the deed, and an administrative and opening fee of $100 + tx will be deducted from the amount reimbursed.

Notes

• If you areunable to sign a deed in person at the notary's office, you can sign remotely via videoconference. This virtual approach complies with the standards established by the Chambre des notaires du Québec. Here are your options:
• Direct remote signature : 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 travelling.
• Virtual power of attorney : You can authorize a proxy to sign the deed on your behalf with a virtual power of attorney attested by the notary. These methods guarantee the validity and legal security of your document.

• 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

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