Will Search

Finding a Will in Quebec

How to find a will

Performing a Will Search is a mandatory step in liquidating an Estate in Quebec. Application for a Will Search Certificate with the Quebec Will Registries will identify and locate the deceased’s Last Will.

Request Will Search

Will Search Services

Regular

$315

  • Certificate from the Chamber of Notaries of Quebec
  • Certificate from the Quebec Bar
  • *Accelerated service available

Request Now

Premium

$435 Most Popular

  • Certificate from the Chamber of Notaries of Quebec
  • Certificate from the Quebec Bar
  • 1 Hour Consultation With Notary for Estate Liquidation
  • *Accelerated service available

Request Now

New protocols applicable for will search certificates from the Chamber of Notaries since June 11th, 2024. Learn more

What is a Will Search Certificate

The Search

Two Quebec Registries emit and confirm Will Search Results.

  • Registry of Wills and Mandates at the Chamber of Notaries of Quebec by way of an electronic certificate
  • Registry of Wills and Mandates at the Barreau du Quebec by way of a paper-based certificate
  • Registries require additional delays in the case of a recent death to allow for the closing of registration periods
  • Copy of the Death Certificate or Burial Certificate is mandatory
  • Since June 11th 2024, the Chamber of Notaries operates on technology-based certificates transmitted electronically, while the Quebec Bar continues to operate with paper-based original certificates transmitted by mail

Will Search Certificate Content

  • Location of the legal office where the Copy of the Will can be obtained
  • Date of the most recent Will
  • In the case that the Lawyer or Notary is no longer in practicing, details on the transfer of the Will to another legal office or courthouse

Frequent Questions

  • What are the delays applicable to obtain the will search certificates ?

    Since June 11th 2024, the delays applicable to each registry is variable.

    Chamber of Notaries of Quebec 

    The new registry is swift. Most results can be obtained within 1-3 days.

    However, in case of a death within 20 days of the request date, the registry can only produce the final certificate upon closing of the registration period. Registration periods are continuous and cyclical starting at the beginning of the month and ending on the 3rd week of every month.

    Quebec Bar

    The Quebec Bar regular service can require 3 to 4 weeks to mail the paper-based certificate. They do not provide an electronic result.

    However, it is possible to request a priority service to obtain the certificate within a week.

    *In all cases, all delays are subject to change according to the volume of requests as the registries.

  • Why do I need a proof of death ?

    A Will Search cannot be performed without a proof of death.

    Acceptable proof of death are :

    • Death Certificate provided by the Director of the Civil State
    • Attestation of death provided and signed by a Funeral Director

  • Why consult with a Notary before the settlement of an Estate ?

    A Notary is a trained professional in estate law and estate settlement.

    During a consultation we will discuss all aspects regarding the liquidation of the estate, such as : 

    • Guide you in the steps of estate settlement
    • Provide you with a detailed analysis of the estate of the deceased
    • Revise together the terms of the Will
    • Determine if the estate is insolvent
    • Determine if the estate should be accepted or renounced
    • Explain the duties and responsibilities of the estate executor
    • Alert you to the dangers of accepting or settling an estate before doing inventory or determining the extent of the liabilities and debts
    • Discuss the preparation of a Declaration of Heredity for an estate without a Will
    • Discuss the preparation of a Designation of  Executor for an estate without a Will
    • Discuss the preparation of a Declaration of Transmission for the transfer of inherited real estate property
    • Determine the steps to be taken in regard to tutorship and custody of minor children or orphans
    • Determine if a Will Probate is necessary for a holographic or witness Will
    • Prepare documents for the renonciation of an Estate, if applicable
    • Provide information about tax documents to be completed for the estate

  • What if I am looking for a lost will but the testator is still alive ?

    Usually Will Searches are performed after death.

    However, sometimes clients lose their Will, do not remember the name of the Notary who wrote it or the Notary retired.

    If that is the case, contact us and we can provide you with a service to find a lost will.

  • Can I get a notarized copy of the will searches ?

    Since June 11th 2024, it is no longer permitted to emit notarized  or sealed copies of Will Search Certificates.

    The validation of will search certificates is as a follows :

    Certificates from the Chamber of Notaries 

    A tool for the validation of technology-based will search certificates from the Chamber of notaries is available on the Order’s website. Validate a certificate now. 

    Certificates from the Quebec Bar 

    Through our service, you will receive 2 original copies of the Quebec Bar Will Search Certificates. Institutions may take photocopies of these documents according to their internal procedures.

After the Will Search

The first steps in the liquidation of an Estate are :

1
Obtain the Death Certificate from the Director of the Civil State

2
Request a Will Search Certificate from the Quebec legal registries :

  • Registry of Wills and Mandates at the Chamber of Notaries of Quebec
  • Registry of Wills and Mandates at the Barreau du Quebec

3
Obtain a Copy of the Will

4
Start the Estate Liquidation process

Once the Will Search Certificates are in, a copy of the Last Will can be requested.

Copies of the will can only be remitted to certain individuals, namely:

  • The testator

  • The inheritors, meaning those who are inheriting according to the will

Once the Last Will is located, we must determine if it requires court verification, also known as Will Probate.

Only Notary Wills do not require probate. Other types of wills do :

  • Handwritten will

  • Will before witnesses

  • Will written by Quebec or Canadian Lawyers

Once the verification procedure is complete, the will becomes official .

For more Information about How to Probate a Will

In Quebec, there is no obligation to proceed to a formal reading of the will.

However, a Notary can proceed to the formal reading of the will before the liquidators and inheritors in order to:

  • Explain the wishes of the deceased

  • Inform the inheritors of theirs rights and obligations

  • Guide the liquidator through the steps of the liquidation of the Estate

Once the Last Will is obtained. The liquidator of the Estate will be designated.

The Liquidator (or Executor) is the person responsible of all administrative aspects of the Estate, including :

  • Obtain the Official documents (Death Certificate, Will Search certificates from Chambre des Notaires and Barreau du Quebec)

  • Identity and contact the heirs

  • Execute or enter the notice of Designation of Liquidator at the Register of personal and movable real rights of Quebec (RDPRM)

  • Obtain all information from the federal and provincial government, financial institutions and all other entities in order to complete inventory of the assets and debts of the deceased

  • Publish the Notice of the Cloture of Inventory at the RDPRM

  • See to the execution of all necessary notarial documents before the Notary, such as the Declaration of Heredity or Declaration of transmission

  • Disposing and distributing the property to the heirs

    For more information about How to Liquidation an Estate

1
Non Registered Wills

It is important to keep in mind that only wills done before a Lawyer or a Notary are registered at the Quebec Registries.

Handwritten wills or Wills before Witnesses are not always registered. However, this does not mean they are not valid ! A will that is not notarized and is not registered is still valid as long as it undergoes court verification.

Read more about Will Verification.

2
No Will

No Will is found at the registries or at home ? No problem. The Estate will be dealt with according to the default legal terms. To start, a declaration of heredity and a nomination of liquidator must be signed.

Read more about dying without a will.