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.

If the succession includes a piece of land or a house, you must also enter the name of the liquidator in the Register of personal and movable real rights.

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’ll need to get a lawyer or notary to do this.

Fees may apply.

In addition, if you agree to be the 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.