Declaration of transmission

The declaration of transmission is a notarized deed that validates the transfer of a property in the name of the estate or heirs. It applies to real estate and is registered in the Quebec Land Office.

In other words, it formalizes the transfer of ownership of a property following a death.

Declaration of transmission – Succession

Following the death of a person, a series of legal steps must be taken to settle the deceased’s estate. The liquidator, who replaces the former “executor”, is responsible for settle the estate of the deceased. When the deceased was the owner of one or more properties, one of the liquidator’s essential tasks is to draw up a declaration of real estate transfer. This is true whether or not the deceased had made a will. The Civil Code of Quebec governs this act.

This document, which must be notarized, serves to record the death of the owner of the property, and it must include certain information about the deceased, such as contact details, civil status, nationality, place of death and details of any will.

Also included in the document are the cadastral designation of the property and, if there was a will, the names and contact details of the heirs, their respective shares, the degree of relationship to the deceased, as well as any seizure and inalienability clauses, if they were included in the will.

In addition, the declaration of transmission of real estate allows ownership of the property to be transferred directly to its designated beneficiaries, or to remain under the control of the liquidator, for example in the event of a subsequent sale by the estate.

The declaration of transfer of ownership is essential to establish the link between the deceased owner, his or her heirs and future purchasers. Like all real estate transactions and mortgages, it must be registered in the Registre foncier du Quebec (Quebec Land Office), so that all events occurring on the property after the owner’s death can be invoked against all parties. In this way, the document helps maintain the chain of title to the property and plays a crucial role in future transactions involving the property.

Sharing an inheritance is a long and complex process, governed by the law. The skills of an inheritance law professional such as your notary are generally indispensable. Each mandatory step is governed by legislation. Your notary and legal advisor can assist the liquidator and the family in all stages of estate settlement, from beginning to end, depending on the mandate entrusted to him or her.

In the case of an estate, these steps and documents include:

• Partial or complete settlement of an estate
• Liquidation of an estate
• Obtaining a death certificate
• Will research
• Will probate
• Proposal for division of property
• Declaration of transmission of immovable property
• Declaration of heredity
• Renunciation of an estate
• Appointment or replacement of liquidator
• Estate inventory
• Rendering of account

Your notary and legal advisor is the right person to guide the liquidator through every step of the delicate and important process of succession. Consult him.