Will probate before a notary

Description

Probate of a Will

• A will or a codicil holograph, as well as a will or codicil made in the presence of witnesses, must be verified by the court or notary before it can be used in the liquidation or settlement of an estate.
• This verification procedure confirms the formal validity of the will, enabling it to be applied legally. However, this does not exclude the possibility of a subsequent legal challenge.
• Any interested party, including the liquidator, can request that the will be probated. This requires the submission of certain documents, and is subject to strict deadlines. Note however, that a notarized will does not need to be probated.
• Procedure :
• The notary notifies the heirs of the probate, enclosing a copy of the will.
• If the heirs have any observations or representations to make, they must make them known within ten days of notification of the notice.
• Verification by court or notary.
• Certified copies of the verified will are issued.
• Note:
• If the will presented to the notary does not meet the formal requirements of the Civil Code of Code of Québec, verification by the court will be recommended and additional legal fees will be payable.
• 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 proceed with the verification of the will and administrative and opening fees of $100 + tx will be withheld from the amount reimbursed.
• Documents required:
• Original will or codicil or both. or both.
• Death certificate issued by the Directeur de Registrar of Civil Status.
• Will search with the Chambre des notaries and the Barreau du Québec.
• Solemn declaration by one of the witnesses confirming that all formalities have been complied with when signing the will or codicil in the presence of witnesses. In the absence of this declaration, Scripta Legal will draw it up and send it for signature . a will or codicil signed in the presence of witnesses).
• Other information may be required by certain clerks, depending on the judicial district.

• For additional legal information on probating a will, we invite you to consult our frequently asked legal questions.

• A period of 25 to 35 business days will be required for the preparation of your service request

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