The death of a loved one is an emotionally difficult ordeal, and estate settlement issues can add a layer of stress and complexity to this painful period. That’s why it’s crucial to enlist the services of an experienced notary from LSA Notaire à Laval.
Support and expertise at your side
How can a notary help you settle an estate?
The notary plays a crucial role in the settlement of an estate, performing a number of essential tasks, including :
Will search
We request the will search certificates with the Chambre des notaires du Québec and the Barreau du Québec to validate the existence of a will.
Declaration of transmission
The declaration of transmission is a notarial deed used to validate the transfer of ownership of a property. This transfer becomes effective against third parties when the declaration is published in the land register.
Declaration of heredity
A declaration of heredity is required when the deceased has no will. Without a will, the rules of the Quebec Civil Code determine the heirs and their shares. The declaration of heredity identifies the heirs and their respective shares in the estate.
Appointment of liquidator
If no liquidator has been named in the will, we assist the heirs in appointing a suitable liquidator to settle the estate. If the deceased did not have a will, the heirs must appoint a suitable liquidator to settle the estate. In principle, this is done at the same time as the declaration of transmission or declaration of heredity and is then published at the Register of Personal and Movable Real Rights.
Renunciation
In the event that the estate is insolvent, it is in the heirs’ best interests to renounce their rights to the estate, which means that they cannot inherit either the assets or the liabilities of the deceased’s estate. The renunciation must be recorded in a notarial deed and then published in the Register of Personal and Movable Real Rights (RDPRM).
Renunciation in favorem
An heir may renounce his rights in an estate in favor of one or more co-heirs. This does not constitute a true renunciation, but rather the acceptance of the succession by the heir and the transfer of his rights to another person. If the estate includes real estate, the renunciation in favorem must be published in the Land Register.
Assistance in liquidating the estate
We assist the liquidator in his tasks, such as selling the assets, paying the debts, distributing the assets to the heirs and drawing up the liquidation account.
