You might have heard about the concept, ‘probate.’ Maybe it’s the first time you are hearing about it. Nonetheless, probate is a crucial element of estate planning. In case someone in your family has died, you need to know about the probate of wills.
Don’t worry about this concept! You don’t have to handle it because a liquidator will step in and take care of everything. Let’s say you are planning your estate; you would need a liquidator to take care of the rest once you die.
This article will highlight everything you ought to know about probate in Quebec. Let’s get started!
What’s probate?
Probate serves three purposes. The first is it confirms that the will is valid as per the Civil Code in Quebec. Secondly, the probate establishes that it’s written/prepared by the deceased person. Now, this is an important point because your heir will have a lot of trouble if there is no will in place. The process will become a lot more complicated, and you don’t want your heirs to go through needless trouble.
Thirdly, the probate also obtains true copies (certified) of the will.
When is the probate of will required?
If there is a notarial will, probate won’t be required. You will find notarial wills in Quebec (they’re the most common ones).
In case there is a written (holographic) will or something that was done in front of witnesses, probate will be required once you are dead.
When does probate take place?
Probate will happen after somebody passes away. It requires the filing of an application.
The liquidator gets a probate judgment from the Quebec court to act on behalf of the deceased. Whatever wishes are outlined in the will, the liquidator will abide by it.
Who will be handling the probate process?
The liquidator does most of the things like applying for the probate judgment. If there’s no liquidator, then an interested party or a lawyer/notary will take care of it. The probate judgment can be issued by a notary or the Supreme Court.
Do you need to hire a lawyer?
It’s good to have a lawyer by your side. Probate of wills can be an overwhelming process for those who have no idea about law and order.
You can get in touch with Litvack Dessureault LLP Avocat succession. The lawyers will understand your situation and then act on it.
