Appointing a liquidator

You must check to see whether the deceased has appointed a liquidator to settle his or her succession. The liquidator may have been named in the will, if there is one.

If a liquidator has not been appointed, or if the person appointed declines the task, the heirs must:

• share the role among themselves by assigning specific duties to each heir;
• appoint one or more of their number to act as the liquidators;
• appoint someone who is not an heir to be the liquidator.

If you and the heirs appoint a liquidator, you must do so by means of:

• a declaration;
• a private written agreement, i.e. a sheet of paper signed by the heirs.

You may make the appointment official by means of a notarized act.

If the heirs do not agree of the choice of a liquidator, the court will appoint one.

You must enter the liquidator’s name in the Register of personal and movable real rights . You can do this yourself.

If the succession includes an immovable property (e.g. land or a house), you can also enter the name of the liquidator in the Land Register of Québec  (In French). You will then need to appoint a lawyer or notary to do this.

Fees may be charged for register entries.

If you agree to be the liquidator of the succession, you must inform Revenu Québec .