The question of the time limit for being able to receive money from an inheritance is a very legitimate question for heirs. In Quebec, the average delay is between 6 months and 12 months, depending on several factors that we will explain to you.

Main actions following a death

It is important to keep in mind the main actions to take following a death. These actions vary depending on the type of will (notarized will or not) and the situation of the deceased. The main actions are:

  • obtaining the death certificate
  • will research
  • obtaining a copy of the will
  • carry out an inventory of goods
  • liquidate assets left by the deceased
  • settlement of estate debts and applicable taxes
  • distribution of property to heirs

Time frame for receiving money from a life insurance policy

Obtaining proceeds from the deceased person’s life insurance policy is usually quite quick. We generally talk about 4 to 8 weeks.

As a general rule and except in certain specific cases, the proceeds of a life insurance policy are not included in the estate. Thus, it is not subject to the same deadlines as those required for the liquidation of the estate.

Payment of the proceeds of a life insurance policy will be made to the beneficiary(ies), upon presentation of the death certificate to the insurer (insurance company) and in compliance with the conditions of the insurance contract. -life.

 

Time frame for receiving money from property belonging to the deceased

The Civil Code of Quebec does not give any indication of the time limit for receiving money from an estate, although tax laws provide time limits.

To complete the different stages of liquidating an estate, it takes on average 6 to 12 months for a simple estate and 12 months to 24 months for a more complex estate. The deadlines can of course be shorter or longer than those mentioned here, depending on the situation.

Several elements can extend delays, such as:

  • the state of the deceased’s finances
  • the nature of the assets constituting the heritage
  • administrative and state deadlines (Director of Civil Status, Revenu Québec, Canada Revenue Agency, etc.)
  • accounting work
  • presence of litigation

Do you have questions about the liquidation of an estate in Quebec?

Do not hesitate to contact us at 514-600-2041. We will be happy to enlighten you and support you in the process of liquidating an estate.

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