Appointment / nomination of a liquidator; Declaration of inheritance. When a person dies in Quebec, it is necessary to appoint a liquidator to manage the estate. The liquidator is responsible for settling the debts of the deceased, distributing the assets to the heirs, and completing all administrative formalities related to the estate.
Appointment/nomination of a liquidator
To appoint a liquidator, it is preferable to draft a will in which the person designates the person of their choice to fulfill this function. If no will has been drafted or if the liquidator designated in the will is no longer able to act, the heirs must:
- either collectively play this role by assigning specific functions to each of them;
- or appoint one or more of them as liquidators;
- or appoint a person who is not an heir of the deceased as liquidator.
If you and the heirs appoint a liquidator, you must designate them in:
- a declaration;
- a private agreement, i.e. a sheet signed by the heirs.
You can formalize the appointment in a notarial document.
If the heirs do not agree on the choice of a liquidator, the court will appoint one according to the terms of the law.
It is important to note that the role of a liquidator can be complex and demanding, which is why it is recommended to seek the guidance of a legal professional or a notary to guide you throughout the process of managing the estate.
The legal expertise of a notary allows them to advise you on all necessary decisions in estate matters, to leave nothing to chance. The estate liquidator may also turn to them for guidance in the steps they need to take.
Declaration of inheritance
After the death of a loved one, certain succession formalities can only be carried out with banks, insurance companies, and public administrations by the heirs of the deceased.
Therefore, when the estate is not opened with a notary, individuals who wish to conduct these procedures must prove their status as heirs through a declaration of inheritance.
The declaration of inheritance is a notarized document officially establishing the heirs of a deceased person. This document is essential for the settlement of the estate and the transfer of the deceased’s assets. The notary verifies the accuracy of the information provided by the heirs and certifies their status as legitimate heirs. Thanks to the declaration of inheritance, the heirs can prove their right to the deceased’s assets and initiate the process of sharing the estate in a legal manner.
Liquidator registration
You must register the name of the liquidator in the Registre des droits personnels et réels mobiliers . You can do this procedure yourself.
If you agree to be the liquidator of a succession, you must also inform Revenu Québec.
To leave nothing to chance, consult your notary and legal advisor.
Appointment / nomination of a liquidator
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