Steps to Inherit (QC)

Inherit via Succession

If you have been named in a will, or if there is no will and you are entitled to inherit via intestate succession, you will usually receive your inheritance 6-18 months after the death (see Basics of Liquidation).

The Easy Way: One common approach to inheriting via succession is to simply sit back, let the legal system work, respond to any requests, and eventually (hopefully!) receive your inheritance.

The Thorough Way: If you'd like to be a little more involved, and keep an eye on the process to ensure everything goes smoothly:

1. Ensure Liquidator Appointed: Normally, a liquidator will notify you that he or she has been appointed and that the succession is underway. If no one has been appointed after a reasonable waiting period (3-6 months), you can either encourage the liquidator named in the will to start the process, or if no such person exists, or that person declines the task, get the heirs to agree on a liquidator who will start the process by filling out a Form RG to registering with the Le Registre des Droits Personnels et Réels Mobiliers (RDPRM). If all else fails, you can ask the court to appoint someone (see below for finding the appropriate court).
2. Claim Family Entitlements: If you are a surviving spouse or dependent child, you may be entitled to certain rights (that supercede the will or intestate succession rules) that you need to proactively claim in the early staged of the settlement process if you want to exercise them. See QC Family Entitlements.
3. Maintain Liquidator Relationship: Try to maintain a good relationship with the liquidator, since he or she has significant discretionary power over the succession. Let the liquidator know if you have a preference for certain items to be included in your share, if you'd prefer that certain items be sold off (or not), and how you'd like your inheritance delivered. See also Working with Executors.
4. Receive Notice of Inventory Closure: Once a liquidator has completed the inventory process, he or she is required to send you notice of the closure, along with instructions for viewing the complete inventory list, if desired. This notice can be skipped if all heirs agree, but waiving this notice can make the heirs liable for all succession debts, even amounts above their inheritances. If you do not receive such notice, or you object to something about the inventory, you can discuss with the liquidator, and if necessary, object to court.
5. Optionally Renounce Succession: If for some reason you do NOT wish to accept your inheritance, you have 6 months from the date of death to renounce via notary. This deadline is extended if necessary so that you have at least 60 days from the closure of the inventory.
6. Receive Notice of Liquidator's Account Closure: At the end of the process, you should receive notice of the closure of the liquidator's account (i.e., the financial details of the succession process). If you do not receive such notice, or you object to something about the accounts, you can discuss with the liquidator, and if necessary, object to court.
7. Receive Inheritance: Assuming you did not renounce your inheritance, receive your inheritance and sign the distribution receipt. You may be asked to waive your future rights to sue: normally this request is just standard best practice on the part of the liquidator, but you should consider consulting a lawyer if you are unsure whether you want to waive those rights.
8. Handle Creditor Complications (Rare): Finally, it's rare, but a liquidator sometimes distributes something that should have been used to pay debt, and so it's possible that a creditor will contact you to claim some or all of your inheritance (in which case, you may wish to consult a lawyer, and you should definitely check EstateExec's Executor's Guide to QC Debt Statutes of Limitation).

If at any stage along the way, something does not appear to be going correctly, you can talk to the liquidator about it, and if necessary, object to the court, or even file a lawsuit.

In Quebec, the Superior Court in the judicial district in which the deceased lived handles probate and estate administration (see court locations).