In Quebec, the probate process is governed by the rules set out in the Civil Code of Quebec. Unlike other provinces in Canada, Quebec does not impose probate fees in the same manner. Instead, the process involves court fees, which are generally much lower than probate fees in provinces like Ontario or British Columbia. The fees are fixed and depend on the specific type of court proceedings required for the estate.
QUEBEC PROBATE FEES
The probate process in Quebec is unique in that it applies primarily to Wills that are not in notarial form. Wills drafted before a notary are generally exempt from the probate process, as they are already authenticated. However, for holograph (handwritten) wills or wills prepared in the presence of witnesses, probate is necessary to confirm their validity. The fees for this process are typically modest, unless probation is contested.
To avoid unnecessary costs and delays, many individuals in Quebec opt for notarial wills. These wills, prepared and stored by a notary, carry several advantages, including exemption from probate and reduced administrative hassle for an Estate executor (liquidator). Notarial Wills also ensure compliance with Quebec laws, minimizing disputes and legal challenges.
It’s essential to understand that while Quebec’s probate fees are minimal, there may still be other expenses associated with settling an estate, such as taxes, professional fees, and legal costs. Consulting a lawyer or a notary is advisable to navigate the probate process effectively and ensure all legal obligations are met during the administration of an estate.
Allen Madelin Avocats provide consultations and representation in Estate matters in Quebec and internationally. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
