As the liquidator, after partitioning the family patrimony and liquidating the matrimonial or civil union regime, you must then settle the succession.

You must do this in accordance with: 

  • the testator’s wishes, if there is a will;
  • the rules of legal succession, if no will exists;
  • the rules agreed upon by all the heirs, where the succession is clearly solvent.

To settle the succession, you mainly have to : 

For further information on how to file the income tax returns of a deceased person, see the websites of Revenu Québec This hyperlink will open in a new window. and the Canada Revenue Agency This hyperlink will open in a new window..

Liquidating a succession without following the rules of the Civil Code of Québec

In some cases you may settle a succession without following these steps. For example, you may do this if the heirs ask you not to make an inventory of the deceased’s property because they believe the succession is solvent.

You can only agree to this if all the heirs are in agreement.

In such a case the heirs are liable for all the succession’s debts, including those they did not know existed. 

Please consult a legal advisor for further information on the consequences of not applying the rules set out in the Civil Code of Québec.

Last update: February 23, 2023


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