Procedure and rules

A succession is considered “legal” (or intestate) in the following situations:

• The deceased did not leave a will or a marriage or civil union contract containing gifts mortis causa;
• The deceased did not include all of his or her property in a will or a marriage or civil union contract.

In such cases, the property is distributed as set out in the Civil Code of Québec. The heirs perform the liquidator’s duties jointly, unless they appoint a liquidator or unless the deceased had named one in an incomplete will.

A legal succession can be inherited by:

• the spouse with whom the deceased was married, in a civil union or in a parental union;
• the deceased’s blood relatives and relatives by adoption;
• a child born of sexual assault, even without filiation.

A legal succession cannot be inherited by:

• a de facto spouse;
• in-laws.

If the heirs are unknown or unclear, you may be asked to provide a declaration of heredity to confirm who is entitled to the succession.

If no potential heir is identified, the Québec government takes charge of the property, and Revenu Québec administers the succession.

To find out how to distribute the property if there is no will, first check:

• if the deceased was married, in a civil union or in a parental union;
• if the deceased had children or other descendants.

Depending on the situation, the deceased’s property, debts and rights will be divided:

• between the surviving spouse (by marriage, civil union or parental union) and the children or other descendants;
• between the children or other descendants, if the deceased had no spouse;
• between the surviving spouse and other relatives (father, mother, siblings, etc.), if the deceased had no children;
• between the other relatives only, if the deceased had no spouse or children.