Appointing a liquidator

The liquidator is the person responsible for settling the succession of the deceased and putting their affairs in order. The liquidator’s tasks include:

• Closing the deceased’s accounts;
• Filing the deceased’s income tax returns;
• Recovering any money owed to the deceased;
• Inventorying the deceased’s assets and debts;
• Dividing the property among the heirs.

To see all the steps involved in liquidating a succession, go to Steps.

You must register the liquidator’s name in the Register of Personal and Movable Real Rights (RDPRM) when settling a succession. You can do this yourself.

The process, called designation of the liquidator of the succession, is used to publicize the name of the person responsible for administering the deceased’s property and settling the succession. This helps creditors, heirs and other interested persons know who to contact to assert their rights in the succession.

Before starting, make sure you have the following information on hand.

The deceased:

• Last name, first name and date of birth

The liquidator(s):

• Last name, first name and date of birth of each liquidator
• Information about the act through which the liquidator was appointed, if there is one. For example, if the liquidator was appointed through a notarial will, you will have to provide the date and place of signature, the name of the notary, and the minute number.

You must complete a form and pay a 59$ fee. You must file the form and mail it or bring it to the RDPRM in person to publish your rights.

Accéder au formulaire de désignation d’un liquidateur

If the succession includes immovable property (e.g., a piece of land or a house), you may also register the name of the liquidator in the Land Register of Québec. You’ll need to get a lawyer or notary to do this, and registration fees may apply.

If you agree to act as liquidator, you must inform Revenu Québec.

The liquidator must settle the succession in accordance with the law and the wishes indicated in the will.

If no liquidator is appointed, this role falls to the heirs. They may:

• divide the tasks among themselves;
• agree to choose someone to act as liquidator; or
• ask the court to appoint a liquidator, if they fail to reach an agreement.

For more information, see Liquidating the succession.

The person appointed as liquidator:

• is not obliged to accept the role unless he or she is the sole heir;
• may decide to withdraw from the role (resign);
• must notify the heirs and other liquidators in writing if resigning;
• is liable for damages if he or she was negligent or acted in bad faith.

If there are multiple liquidators, they must make decisions together unless otherwise provided for in the will or an agreement.

If one liquidator is unable to act, the others may take only those actions that are urgent and necessary to protect the property.

Contact a lawyer or a notary for more information.