In Quebec, all Wills must undergo the legal process of Probate, with the exception of Notary Wills.
Application for Will Probate
Will Verification Process
Provide us with more information and obtain an estimate for time and cost of your will probate.
What is Will Probate
Application for probate of a will in Quebec is the legal process of making a non-notarial will official.
It is a mandatory process of all wills that are not signed in front of a notary in Quebec.
Does your will need to undergo the probate process ?
Types of wills that require Application for Probate :
- Handwritten Will (Holographic)
- Will before witnesses
- Will before a lawyer
How to Probate a Will
- Why Probate With a Notary
- Probate Procedure Options
- Objectives of Will Probate
- Required Documents
- Estate During Probate Process
The probate of a will with a Notary has the same effect as probate by the court.
However, since the Notary controls the probate, the process is faster and more cost effective.
There are two types of Will Probate procedures available:
Probate a Will Before a Notary
Probate a Will Before the Court
Generally, probating a will before a notary is faster and easier.
However, certain wills should only be probated before the Court.
Will Probate is a legal procedure to required verify the validity of a will that is not written in front of a notary.
Once the verification procedure is complete, the will becomes official, public and valid.
Objectives of Will Probate
1. Establish the regular form of the will
2. Confirm if it was written by the testator
3. Activate the will in order to liquidate
In order for an application to probate a will be accepted, certain documents must be submitted to the Superior Court :
The original will
The original act of death issued by the Directeur de l’État Civil
Affidavit (sworn statement) of one of the witnesses, in the case of a before two witnesses
Affidavit (sworn statement) by a person who is familiar with the handwriting and signature of the testator, in the case of a handwritten will (holograph)
A notice of presentation
A proof that the notice of presentation was sent to the successors of the estate
The probate process has the effect of “freezing” the estate. Nothing can be done until the Last Will is probated and becomes official.
It is only once the Will is probated that the executor can begin the estate settlement or liquidation.
Once the Last Will is Probated, the executor can access bank accounts, open an estate account, pay debts, and begin distribution and transfer of the assets.
Read more about Estate Settlement and Liquidation