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Let's Talk Estate

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How does inheritance work?

You want to settle the estate of a loved one and you fear that the process will be cumbersome and arduous?

 

We will accompany you step by step through each stage of the estate settlement in order to make this stage as simple as possible so that you can fully concentrate on your grieving process.

The usual succession procedure includes in particular:

  • funerals;

  • obtaining proof of death;

  • the search for the will;

  • the opening and inventory of the safety deposit box;

  • opening an account in the name of the estate with a financial institution;

  • probation of the will;

  • analysis of testamentary dispositions;

  • determination of heirs;

  • the appointment of the liquidator;

  • preparation of the inventory;

  • claims for life insurance benefits, annuities and benefits;

  • filing income tax returns and paying taxes where applicable;

  • the liquidation of the family patrimony and matrimonial rights where applicable;

  • publication of any notice required by law;

  • exercise of the heirs' option;

  • the administration of estate assets;

  • the payment of specific debts and bequests;

  • transfer of property;

  • accountability;

  • the division of estate assets.

 

Consult a notary so that he can explain to you which steps of this process apply to your situation. 

What is the deadline for settling an estate?

The time taken to fully settle an estate depends largely on the specifics of each file. On average, it is six months (this is also the deadline imposed for the acceptance or refusal of the succession)  

 

The refusal of an inheritance

 

If it happens that a relative dies leaving more debts than assets, it is possible for you to renounce the succession. You then have 6 months to sign a notarial deed of renunciation of the succession. It is important in this interval not to take any action that could constitute an acceptance of the succession, such as withdrawing sums from the account of the deceased or appropriating property belonging to him. The file will then be sent to Revenu Québec, which will liquidate the estate. If several people are to inherit, it is often advantageous for them to sign the deed of renunciation together in order to share the costs.

 

Death of a loved one without a will

 

When a person dies without a will, then the law determines who will inherit and in what proportions. Once the will searches have been received, the first step will thus consist of signing a declaration of inheritance which will establish who the heirs are and, in certain cases, appoint a liquidator. Thereafter, the succession can follow its normal course.

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