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.

Registering the liquidator

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

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

Fees may be charged for register entries.

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