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Your notary: an artisan and a master

Since the coming into force of the new Quebec Civil Code, the settlement of a succession (or estate) has become, more than ever, a delicate and complex matter.

The law provides for the transmission of the rights and property of a deceased person to his heirs. In the settlement of an estate, the intervention of a notary ensures that the numerous obligatory procedures are properly followed and the thorny legal questions correctly resolved.

Failure to seek his advice risks causing undue delay in the process of the liquidation of the deceased's affairs and compromising the fundamental rights of the heirs or the deceased's family.

Your notary will be called upon to draw up the appropriate deeds and will collaborate with other professionals whom will direct and supervise. He is the principal artisan and master of the whole operation.

How is an estate settled?

To be affective and beyond dispute, the settlement of an estate requires that each procedure be followed in accordance with the law from the time of death until the final delivery of the property to the heirs.

The normal procedures include in particular:

Seeing to the funeral arrangements; making an inventory of the safety-deposit box; obtaining proof of death; searching for the will; probate of the will; analysis of the testamentary provisions; determination of the heirs; appointing the liquidator; claiming the life insurance benefits; claiming the pensions and allowances; liquidation of the matrimonial rights; determination of the deceased's patrimony; making the inventory; publishing the notices; exercising the heir's option; administration of the estate's property; paying the debts; preparation of the income tax returns; issuing the distribution certificates; transmission of the property; preparation of the liquidator's accounts; partition of the estate.

Each and every one of these procedures is subject to obligatory rules.

Tax formalities

No one can ignore the tax consequences of the liquidation of an estate. The income tax returns for which the deceased is liable must be prepared. nevertheless, the tax laws allow the heirs, at the time of death, to exercise certain options which may turn out to be profitable, Certificates must be issued by the tax authorities to permit the final distribution of the property to the heirs. These measures are fundamental and the taxpayers know that they must follow them. Ask your notary for help. He is aware of these requirements.

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