Do you know that in Quebec one should probate a will, except for the notarial wills? This probation by the courts procedure makes a non-notarial will official. A notarial will made in Quebec doesn’t require probate.
Handwritten (holograph) wills and those made before witnesses are to be probated. This means, they have to be validated in Court (or by a notary).
What you need to probate a will
An application to probate a will is presented before a judge of the Superior Court in the judicial district where the person died. To support your application you will need the following documents:
- The original of the will to probate;
- An official copy of the Act of Death from the Directeur de l’Etat civil.
- A sworn declaration (affidavit) of one of the witnesses to the will. Or, if it’s a handwritten will, a sworn declaration (affidavit) of a person who can identify the testator’s signature;
- Proof that your application was notified to the potential heirs.
In case of no contestation, it takes several weeks to obtain the judgement. Once you have it, you can also get official copies of the probated will.
It is possible to probate a will before a notary.
Consequences
Only after the judgement the liquidation process may begin: opening an account for the Estate, closing the bank accounts of the deceased, debt payments, etc.
It’s important to point out that the probation procedure exists only to establish that the will in question is meeting formal requirements. Only proof of death, identity of the testator, the fact that this is the latest will and the fact that the potential heirs are notified are in question at this stage. Probation does not prevent you from contesting this will later for undue influence, error or incapacity.
Sometimes the probation procedure can turn out to be very complicated. In this case a lawyer’s help would be recommended.
Do not hesitate to contact our estate lawyers to see how they can help you.
This blog post contains only general information, please don’t take it for a legal advice. For all legal questions regarding your particular situation do not hesitate to consult your lawyer.
