How to Apply for Probate in Quebec

The short answer

A notarial will does NOT need probate in Quebec. A notarial will (testament notarié) is an authentic act, so after the testator dies it can be used as it stands. Only the other two kinds of will must be probated: a holograph will (testament olographe), written entirely by hand and signed by the testator, and a will made before witnesses (testament devant témoins). Probate in Quebec is the verification of the will: it renders the will usable by establishing that it was in fact written by the deceased or at their request, confirming that it is in a valid form, making it available for public consultation, and allowing certified copies to be obtained.

This guide is process only. It states the steps the Government of Quebec page sets out. It gives no legal advice, and it does not advise you on whether a will is valid, who should be liquidator, or how a succession should be divided. Do not carry Ontario or British Columbia probate steps into Quebec: Quebec's regime is distinct, and this guide walks the Quebec route only.

The three kinds of will

Quebec recognizes three forms of will. Only the first needs no probate:

• *Notarial will (testament notarié).* Made before a notary, who keeps the original and registers it. It is an authentic act and does not need to be probated.
• *Holograph will (testament olographe).* Written entirely in the testator's own hand and signed by the testator, with no witnesses. It must be probated after the testator's death.
• *Will made before witnesses (testament devant témoins).* Written by the testator or by someone else, declared by the testator to be their will in the presence of two witnesses of full age, and signed by the testator and the witnesses. It must be probated after the testator's death.

If the will you hold is a notarial will, stop here: there is no probate application to make. The rest of this guide is for a holograph will or a will made before witnesses.

Who applies, and where

The application to have a will probated may be made by any interested person — usually the liquidator of the succession (liquidateur) — or by a legal professional acting on behalf of a person interested in the succession. The liquidator is the person who settles the succession; in the rest of Canada the same role is usually called the executor or estate trustee.

The will may be probated by a notary or by the Superior Court. A notary may probate the will on the condition that it was not filed with the notary's firm, and that the notary does not work and has not worked at the office at which the will was filed. You must pay a fee to have the will probated; the amount is not stated on the opened page, so this guide states no figure.

If the application for probate is filed with the Superior Court, the applicant must select one of the following judicial districts, depending on the situation:

• If the deceased lived in Quebec, the courthouse of the deceased's latest place of residence.
• If the deceased did not live in Quebec, the judicial district of the place where the property is located, of the place of death, or of the place at which the defendant is domiciled.

Notice to successors

You must inform the people who are entitled to inherit (the successors, successeurs) that the will is being probated. However, the court may exempt you from doing this if it is impractical or too onerous to do so, or if it does not appear necessary. Proof that the notice was sent — by bailiff, registered mail, or certified mail — is one of the documents filed with the application.

Documents required for probate

The application for probate must be accompanied by the following documents:

• The original will.
• The copy of the act of death issued by the Directeur de l'état civil.
• An affidavit: from one of the witnesses, in the case of a will made before witnesses; or from a person who recognizes the deceased's signature and writing, in the case of a holograph will.
• Proof that the notice to successors was sent (by bailiff, registered mail, or certified mail).
• The will search certificates issued by the Chambre des notaires du Québec and the Barreau du Québec.

The application form itself is a PDF in French. You may have the will probated only if it is written in French or English. If it is written in another language, you must first have it translated by a translator recognized by the Ordre des traducteurs, terminologues et interprètes agréés du Québec.

What happens after probate

Once the will is probated, it is usable: the liquidator can rely on it to settle the succession, and certified copies can be obtained. The will becomes available for public consultation. Until a holograph will or a will made before witnesses is probated, the liquidator cannot rely on it, so the settlement of the succession waits on this step.

What the opened pages do not state

No probate fee amount is stated in this guide, because the opened page states only that a fee must be paid, without giving the amount. No processing time is stated, because none could be verified on an opened official page. No lawyer or notary cost is stated. No rule about how long a probated will stays usable, or about contesting a will, is stated, because none could be verified on an opened page. Confirm any fee or timeline with the Superior Court or a notary before you rely on a figure from another source.

Related guides:

• How to Apply for Probate in Ontario — Ontario's certificate process, which works differently from Quebec's verification process.
• How to Apply for Probate in British Columbia — British Columbia's grant process, for comparison with Quebec's verification process.
• How to Apply for Probate in Alberta — Alberta's grant process through the Surrogate Digital Service.
• How to Make a Will in Canada — the national wills guide, which does not cover Quebec's civil-law wills.
• How to Order a Death Certificate in Canada — the death certificate the liquidator needs as proof of death.
• How to Start Making a Power of Attorney in Canada — the power-of-attorney guide, for planning while the will-maker is still alive.

Sources

• Government of Quebec, Probating the will — a notarial will does not need to be probated, a holograph will and a will made before witnesses must be probated, who may apply, the purpose of probate, probate by a notary or by the Superior Court, the judicial district rules, the notice to successors, the documents required, the will search certificates, and the French-or-English rule.