How long does a will search take in Quebec and what are the proper steps?
Understanding the Purpose of a Will Search
In Quebec, a will search is an essential legal step following someone’s death, particularly before initiating probate or the settlement of an estate. Its purpose is to determine whether the deceased had a valid will registered with the Chambre des notaires du Québec or the Barreau du Québec. This ensures that the most recent legally recognized will is located before any distribution of assets begins.
Initiating the Will Search Process
The will search process involves submitting formal applications to two distinct professional orders: the Chambre des notaires and the Barreau du Québec. These institutions maintain independent registries of wills made before notaries and lawyers, respectively. The application typically requires a copy of the death certificate, proof of identity, and a completed request form. These can be submitted by mail or online, depending on the institution.
Timeframe for Receiving Results
Generally, each registry takes approximately 7 to 14 business days to process and return the will search certificate, depending on their workload and method of request (online or by mail). If delays occur, it may take up to 3 weeks. You will receive a Certificate of Search from each organization, stating whether or not a will was registered with them.
What Happens After the Search?
Once both certificates are obtained, they must be reviewed to determine if a registered will exists. If a will is located, the next step usually involves probating the will, unless it is a notarial will (which is automatically considered authentic in Quebec). If no will is found, the estate is distributed according to the rules of intestate succession outlined in the Civil Code of Québec.
Legal Support and Practical Tips
Although the process is relatively straightforward, it is recommended to seek guidance from a notary or lawyer, especially if the estate is complex or contested. Legal professionals can also assist in preparing the required documents and ensure compliance with all formalities. Keeping a clear record of all submissions and follow-ups will help minimize delays.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
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