How long does it take to settle an estate in Quebec?
The Deceased has died several months ago, and you ask yourself how much does it take to settle an estate in Quebec?
Be you a liquidator (executor), universal heir or an heir by particular title, you have to know: To liquidate a succession is a time consuming process. Time limits depend on complexity of the succession.
What are the time limits to settle an estate?
The Quebec Civil Code doesn’t set particular time for Estate settlement. It is clear though that certain steps should be made within corresponding time limits. For example, heirs have 6 months to accept or renounce the inheritance. Also, an inventory should be made within 6 months after death. In addition, liquidators must render accounts to the heirs at least once a year and at the end of the liquidation process. Tax laws set time limits also – with respect to tax declaration submission and payments.
What you have to know is that the time limits for Estate settlement in Quebec depend mostly on the different tasks the liquidator has to fulfil :
- obtaining a proof of death from the office of the Directeur d’État Civil;
- search for a Will (in the Notary Chamber and in the Law Society);
- probating a handwritten (holograph) Will or a Will made before witnesses;
- opening an account in the name of succession;
- reading the Will;
- determining the heirs;
- making an inventory of the Deceased’s assets and debts;
- verifying if the heirs want to renounce the inheritance;
- claiming what was owed to the Deceased, such as life insurance benefits, and other possible debts in his favor;
- producing tax reports (both federal and provincial);
- claiming tax certificates from the authoritiest;
- calculating the rights of the surviving spouse in the family property and other assets depending on the matrimonial regime (by a notary);
- publishing necessary notices;
- administering the Deceased’s property all this time;
- paying the Deceased’s debts;
- making final account rendering;
- making a property distribution schedule;
- distributing the assets to the heirs.
As we see, the tasks are numerous. In addition, there are always administrative delays to slow down the process of liquidation even more. For example, delays in obtaining release certificates.
If the delays are unreasonable though, we can help
Our succession lawyers can help you to settle the Estate as fast as it is possible:
- If you are liquidator, and your tasks are exhausting you, we offer services to help to settle an estate. You’ll use our experience and knowledge for most expedient settlement of the Estate. We will help you with paperwork and administrative tasks: opening an account for the Succession, account rendering, making an inventory, etc
- If you are an heir and you think the liquidation is taking too much time, feel free to consult us at any stage. Based on the facts you give us we could evaluate the situation and advise you of your options. You need to know that even if the liquidation process is not yet finalized, you have the right for certain information from the liquidator. This will help you to understand current progress. You also have the right to require account rendering every year. If you can’t obtain this information, don’t hesitate to consult us. We will ask the liquidator all the necessary questions for 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.
