A loved one has died without a will and you have just learned that you have to obtain a declaration of inheritance. But you don’t know what such a document is and how to obtain it. After reading this article, the declaration of legal heirs will no longer be a secret for you!
Definition of a declaration of inheritance
The declaration of inheritance is a declaration made under oath by which a relative of the deceased states the identity of the deceased person, their last matrimonial regime, their ascendants and descendants, the nature of the estate and identifies all the legal heirs.
What is the declaration of legal heirs used for?
When the deceased does not have a will, the estate will be distributed according to the Quebec Civil Code. The declaration of heirs allows the various organizations and stakeholders (banks, federal and provincial governments, insurance companies, etc.) to recognize the heirs of an estate and allows them to assert their rights. It also allows them to claim the assets. It can also be used to appoint the estate’s liquidator.
How to obtain a declaration of inheritance
Although the Quebec Civil Code does not require it, most banks and organizations require the declaration of legal heirs to be made in notarial form. This declaration is based on proof of the death of the deceased as well as the result of the will search. The will search provides assurance that the deceased has not made any registered will.
You must therefore contact a notary to have the document prepared for you and to receive your signature. The notary will keep the original of the document in his or her vault and give you a certified true copy of the original which will allow you to assert your rights with financial institutions and government bodies.
How much does a declaration of inheritance cost
Mtre Salehi’s fees for preparing a declaration of inheritance are at an hourly rate and depend on the complexity of the case. Contact Mtre Salehi now at 514-903-8560 if you have questions about the declaration of inheritance.
Monasalehinotaire.com – Notary and Marriage Celebrant