I started writing this in October of 2022. My brother passed away in May of 2022. The estate is still not closed due to issues with Revenue Quebec.
One of the more exciting parts of settling an estate in Quebec is that you need to prove that the Notarized Will that you have is “the” Will. What I mean by that is it is the final Will of the deceased.
To prove this, you must have the Quebec Bar Association do a Will Search. You also need to have a Notary Search as well. This is complicated by the fact, that you must have an actual Death Certificate. The Death Certificate takes up to 3 months in Quebec because it comes from the Provincial Government. Neither of these is a fast process. It is not called a Death Certificate, the actual document is called: a Copy of the Act of Death.
You typically send them:
- A notarized copy of the Will
- A copy of the Act of Death
Getting a copy of the Act of Death took 3 months,. Thanks to new Quebec laws it is only available in French. Only after you have the Copy of the Act of Death can you have the Will searched and cleared.
Then you can start dealing with the Estate, I am still wrestling with this 2 years after my brother’s death.
Yes, and no. You must have the Will, but you must also have had searches done by the Chambre des notaires du Quebec and by the Barreau du Quebec, before you can proceed with the Estate.
Yes, see the attached diagram.
At least 4 months after your application, if not longer. Remember the process can be done in English, but only if you are from out of province.
