What To Do in The Case of Death (In Quebec)

WHAT TO DO
IN THE EVENT
OF DEATH
20 1516
Edition
Trust the guidance of
professionals
When you lose a loved one, trust the guidance

of funeral professionals who are members of
Corporation des thanatologues du Qubec
domainefuneraire.com
WHAT TO DO
IN THE EVENT
OF DEATH
20 1516
Edition
A gouvernement du Qubec publication

Advertising sales
Dominic Roberge, CPS Mdia
droberge@cpsmedia.ca
Tel.: 450-227-8414, ext. 312
This guide is available in the Citizens section of the Qubec Portal at www.gouv.qc.ca,
along with numerous forms and useful links. A PDF version can also be downloaded
from the website. Print copies can be ordered by telephone, by calling a Services Qubec
information officer at 644-4545, preceded by the area code 418 for Qubec and 514 for
Montral or by 1-877 for toll-free service.
The guide is also available for sale from Les Publications du Qubec. To order three
copies or more, call 1-800-463-2100 or visit www.publicationsduquebec.gouv.qc.ca.
The guides contents were verified in November 2014, but the programs and services are
subject to change at any time.
The information provided in this guide does not have force of law.
Any reproduction of this guide for commercial purposes is prohibited unless authorized
by Services Qubec.
ISBN 978-2-550-71856-7
ISBN 978-2-550-71857-4 (PDF)
Legal deposit Bibliothque et Archives nationales du Qubec, 2015
Legal deposit Library and Archives Canada, 2015
Gouvernement du Qubec, 2015
All international rights reserved.
Translated from the original French.
FOREWORD
The death of a loved one is a difficult ordeal that requires you to quickly complete a
number of administrative steps. You may have to apply for benefits, terminate government programs or liquidate the deceaseds succession. To assist you, the gouvernement
du Qubec publishes electronic and print versions of the guide What to Do in the Event
of Death, which provides an overview of the main obligations that you have to fulfil and
the applicable deadlines. It also provides contact information for the Qubec government departments and bodies that you need to contact.
With the electronic version of the guide, you can map out a personalized itinerary and
save it on a secure online site, My Qubec Services Account. You merely have to
answer a short questionnaire to obtain a list of steps adapted to your particular situation.
Visit the Citizens section of the Qubec Portal at www.gouv.qc.ca.
At the end of this guide, you will find a list of useful documents for settling a succession,
a checklist of what to do in the event of death and several definitions.
For general information on programs and services offered by the gouvernement du
Qubec, visit the Qubec Portal at the abovementioned address or call Services Qubec
at 644-4545, preceded by the area code 418 for Qubec and 514 for Montral or by
1-877 for toll-free service. You may also go to a Services Qubec office in person.
For information on federal government programs and services, contact Service Canada
at 1-800-622-6232 or visit its website at www.servicecanada.gc.ca.
Note concerning the Application for the simplified forwarding of information relative
to the death
As part of the formalities to be performed after a persons death, you can complete the
Application for the simplified forwarding of information relative to the death in the presence
of the funeral director. This form authorizes the Directeur de ltat civil to inform certain
government departments and bodies of the persons death on your behalf by providing
them with the information concerning the death. It also saves you from having to supply
them with a death certificate as proof of death.
Note concerning the term heir
In this guide, the term heir is used in a general sense. However, it should be noted that
the Civil Code of Qubec makes a distinction between a person who is entitled to inherit
(successor) and a person who accepts a succession (heir). A person who receives a legacy
by particular title is not considered to be an heir.
Note concerning de facto spouses
The Civil Code of Qubec does not recognize a surviving de facto spouse as a legal heir.
However, some government programs make it possible for de facto spouses to receive
benefits in the event of death, under certain conditions. You must check with each
government department or body concerned to find out the eligibility criteria. As a rule,
the spouses must have lived in a conjugal relationship for at least three years prior to the
death of one of the spouses or for one year if a child was born or will be born shortly of
their union or if a child was adopted.
Foreword
Foreword
vi
TABLE
OF CONTENTS
Planning in the event of death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Contracts for prearranged funeral services and prepurchased burial contracts. . . . 1
Whole body donation to an educational institution. . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Organ and tissue donation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Registers of consent to organ and tissue donation. . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Consent sticker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Preparation or modification of a will . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Conditions for making a will. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Wills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Notarial will. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Holograph will. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Will made in the presence of witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Will in a marriage or civil union contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Power of attorney and mandates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Tutor to a minor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Declaration and registration of a death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Attestation of death and declaration of death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Application for the simplified forwarding of information relative to the death. . . . 7
Death certificate and copy of an act of death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Death certificat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Copy of an act of death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
How to apply for a death certificate or a copy of an act of death. . . . . . . . . . . . . . . 9
Online. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
By regular mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
At a service counter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
By completing the form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Processing time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Insertion of an act of death made outside Qubec
into the Qubec register of civil status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Disappearance of a person and declaratory judgment of death . . . . . . . . . . . . . . . . . 10
Investigation and public coroners inquest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
vii
Table of contents
Steps to settle a succession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Search for a will . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Request for a will search with the Barreau du Qubec. . . . . . . . . . . . . . . . . . . . . . . . 12
Request for a will search with the Chambre des notaires . . . . . . . . . . . . . . . . . . . . . 13
Probate of a will. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Succession in the absence of a will. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Liquidating a succession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Liquidator of a succession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Summary of the steps involved in liquidating a succession . . . . . . . . . . . . . . . . . . . 15
Acceptance or refusal of a succession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Life insurance of the deceased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Family patrimony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Matrimonial or civil union regimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Copy of a marriage or civil union contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Authorization to distribute the property of a succession. . . . . . . . . . . . . . . . . . . . . . . 18
Income tax returns for the deceased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Income tax return for the year of death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Trust income tax return. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Unclaimed property and successions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Transfer of the right of ownership on an immovable. . . . . . . . . . . . . . . . . . . . . . . . . . 21
Right to maintain occupancy in the event of death. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Cancellation of a lease on the death of a lessee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Death of the mandatary of an incapacitated person. . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Protective supervision: tutor or curator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Medical record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Obligation of support toward family members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Compensatory allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Government of Canada programs and services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Financial assistance to survivors and leave. . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Leave granted in the event of death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Survivors benefits paid by the Rgie des rentes du Qubec . . . . . . . . . . . . . . . . . . . . 30
Death benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Eligible funeral expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Death benefit and prearranged funeral services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Surviving spouses pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Orphans pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Combined pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Pensions from a foreign country. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Special benefit for funeral expenses granted under
the Social Assistance and Social Solidarity programs. . . . . . . . . . . . . . . . . . . . . . . . . . 32
Compensation for automobile accident victims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Indemnities in the event of death following an industrial accident
or occupational disease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Compensation in the event of a crime or an act of good citizenship. . . . . . . . . . . . . 34
Table of contents
viii
Indemnities in the event of a hunting or trapping accident . . . . . . . . . . . . . . . . . . . . 35

Supplemental pension plans (pension funds). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Death benefits paid by the Commission administrative
des rgimes de retraite et dassurances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Changes, transfers and cancellations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Cancellation of the health insurance card in the event of death. . . . . . . . . . . . . . . . . 37
Registration with the public health and prescription drug insurance plans. . . . . . . 37
Drivers licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Transfer of vehicle ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Disabled parking permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Loans and bursaries program and loans program for part-time studies. . . . . . . . . . 40
Social Assistance and Social Solidarity programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Qubec Parental Insurance Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Shelter Allowance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Tax credit for childcare expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Tax credit for home-support services for seniors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Solidarity tax credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Work premium and adapted work premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Support-payment collection program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Pensions paid by the Rgie des rentes du Qubec. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Child assistance and the supplement for handicapped children. . . . . . . . . . . . . . . . . 43
Pension from a foreign country. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Transfer of savings and retirement products offered by
pargne Placements Qubec . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Licence from the Rgie du btiment du Qubec. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Hunters or trappers certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
List of useful documents for the settlement of a succession . . . . . . . . . . . . . . . . . . . . 46
Checklist in the event of death. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Services for the deaf or the mute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Qubec Portal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Useful definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
ix
Table of contents
PLANNING IN
THE EVENT OF DEATH
Contracts for prepurchased

funeral services and burials
To avoid administrative steps and
expenses for your family when you die
and ensure your wishes are respected, you
can enter into a contract for prearranged
funeral services stipulating the services
to be provided after your death, and a
prepurchased burial contract concerning
the purchase and aftercare of the site
where your body or ashes will be buried
(cemetery, columbarium or mausoleum).
A funeral director is authorized to advise
you on the transportation of your body,
the funeral plans, the choice of coffin or
urn, the viewing of your body, the death
notice, the cemetery plot, the columbarium or mausoleum, monuments and
inscriptions, and so forth.
Prearranged funeral services and prepurchased burial contracts must be in writing.
The authorized seller must give you a copy
of the contracts and send another copy to
a person of your choice within 10 days
following the signing of the documents.
This will ensure that at least one member
of your family is aware of the arrangements you have made.
By law, only the holders of a funeral directors permit are authorized to negotiate
and enter into prearranged funeral services
and burial contracts. They must deposit

the funds they receive in a trust account
with a financial institution. The financial
institution must notify you in writing that
the funds have been deposited, within
30 days following the first payment. To
verify whether the business offering the
funeral services has a valid permit, see
the directory of funeral directors on the
website of the ministre de la Sant et des
Services sociaux at www.msss.gouv.qc.ca/
sujets/organisation/domaine-funeraire/
directeurs-de-funerailles.
Lastly, the cancellation conditions
for prearranged funeral services and
prepurchased burial contracts may vary
depending on the nature of the contract
and according to where it was signed (at
the vendors place of business or elsewhere). In some cases, the funeral home
may have to require the payment of a
penalty.
For more information, contact the Office
de la protection du consommateur.
Website
www.opc.gouv.qc.ca
Telephone
Qubec area: 418-643-1484

Montral area: 514-253-6556
Elsewhere in Qubec: 1-888-672-2556
Planning in the event of death
Whole body donation to an

educational institution
555, boulevard Wilfrid-Hamel Est

Qubec (Qubec) G1M 3X7
You may decide that, after your death,

your body will be donated to an educational or research institution for medical,
scientific or training purposes. However,
if you are under 14 years of age, you
must obtain the consent of a person
having parental authority before you
can donate your body. In Qubec, five
educational institutions are authorized
to accept donated bodies: Universit
Laval, Universit McGill, Universit de
Sherbrooke, Universit du Qubec
Trois-Rivires and Collge de Rosemont.
Note that the medical faculty of certain
educational institutions reserves the right
to refuse a body.
www.rrsss03.gouv.qc.ca
If you wish to donate your body to science,

you must fill out a donor card, sign it and
have two witnesses aged 18 years or over
countersign it. You must then carry it with
you at all times in your wallet. We recommend that you inform your family of your
decision. If you change your mind, you
simply have to destroy the card.
Once a body donated for teaching or
research purposes has been studied, it
is cremated or buried free of charge in
the communal grave of the institution
to which it was donated. However, the
donors family may recover the body (or
ashes) for a religious service or burial,
provided it notifies the institution in
advance. In that case, the family must pay
the funeral expenses.
For more information or to obtain a donor
card, contact the Agence de la sant et des
services sociaux de la Capitale-Nationale.
Direction des affaires mdicales,
universitaires et de la sant physique
Agence de la sant et des services sociaux
de la Capitale-Nationale
Website
Email
03_rrsss@ssss.gouv.qc.ca
Telephone
Qubec area: 418-525-1500, ext. 222
Fax
Qubec area: 418-529-9679
Organ and tissue donation

If you want your organs or tissue to be
donated when you die, it is important to
inform your next of kin of your decision
in order to ensure that your wishes are
respected. Organ and tissue donation is a
gesture of human and social solidarity and
profound generosity. Several organizations
work together so that authorized health
professionals can access at all times the official list of people registered with the Registre
des consentements au don dorganes et de
tissus of the Rgie de lassurance maladie
du Qubec and the Registre des consentements au don dorganes et de tissus of the
Chambre des notaires.
Registers of consent to organ and

tissue donation
To enter your consent in the Registre des

consentements au don dorganes et de
tissus of the Rgie de lassurance maladie
du Qubec, you must fill out the Consent
to Organ and Tissue Donation form.
The form can be downloaded from the website
of the Rgie at www.ramq.gouv.qc.ca.
It can also be obtained by mail by calling
the Rgie, or mailed automatically when
the health insurance card renewal notice
is received. The Rgie sends the consent
form to everyone aged 8 or over who is not
already entered in the register. To obtain a
consent form for a child under 8 years of

age, the person having parental authority
must contact the Rgie. Note that persons
under curatorship cannot consent to
organ and tissue donation.
Telephone
The completed form must be sent to the

Rgie, which will enter your consent in the
Registre des consentements au don dorganes et de tissus.
CHAMBRE DES NOTAIRES

Bureau 600
1801, avenue McGill College
Montral (Qubec) H3A 0A7
To enter your consent in the Registre

des consentements au don dorganes et
de tissus of the Chambre des notaires,
you must have your notary record your
consent when you draw up your will or
your mandate in case of incapacity.
www.cnq.org
Consent sticker
To indicate your consent, you may also

sign the sticker on the flyer Sign FOR
LIFE! and affix it to the back of your health
insurance card, in the space provided at
the bottom. The flyer Sign FOR LIFE! Is
distributed in Services Qubec offices,
local community service centres (CLSCs),
hospitals and several pharmacies. In addition, the Rgie de lassurance maladie du
Qubec sends it to you with your new
health insurance card.
For more information, visit the Signez DON!
website at www.signezdon.gouv.qc.ca
or contact any of the following organizations:
TRANSPLANT QUBEC
Website
www.transplantquebec.ca
Email
info@transplantquebec.ca
Telephone
Throughout Qubec: 1-877-463-6366

RGIE DE LASSURANCE MALADIE
DU QUBEC
Website
www.ramq.gouv.qc.ca
Qubec area: 418-646-4636

Teletypewriter (TTY): see p. 52
Website
Telephone

Preparation or modification
of a will
Conditions for making a will
You must be at least 18 years of age and
of sound mind to make a will. However,
if you are under 18, you may draw up a
will to bequeath property of little value.
A will must not be made under pressure,
constraint or threat. The fact that a person
requires assistance from an advisor does
not alter his or her ability to make a will.
However, a person under curatorship
may not draw up a will. As for wills made
by persons under tutorship, the Court
may determine their validity. A persons
capacity to make a will is assessed at the
time of the making of the will.
In Qubec, everyone is responsible for
making a will. A couple, for instance,
may not make a joint will. However,
a surviving spouse clause in a marriage
or civil union contract has the same value
as a notarial will and thus constitutes an
exception.
Before you draw up a will, it is recommended that you make a written inventory of your property (house, cottage,
savings bonds, etc.) and of your debts

(mortgage, loans, etc.). A complete and
dated inventory will be extremely helpful
for the people responsible for settling your
succession. Several institutions provide
templates that you can use to draw up
your inventory.
Lastly, if you have property of a certain
value or whose transfer may have tax
implications (e.g. an RRSP), you may
wish to consult a financial advisor before
making your will.
Wills
A will is an official document that enables

you to choose your heirs and the way in
which your property will be distributed
among them upon your death. If you
do not make a will, your property will
be distributed among your legal heirs,
i.e. your spouse (that is, the person with
whom you were married or joined in a
civil union), your children and close relatives. The Civil Code of Qubec determines
how property will be distributed in the
absence of a will.
You can also indicate in your will the
name(s) of the liquidator(s) of your
succession and the replacement method to
be used if the liquidator is unable to fulfil
his or her duties. You may also stipulate
that the liquidator is to be remunerated,
even though the liquidator is entitled to
the reimbursement of expenses incurred
in performing his or her duties.
In anticipation of your death, you may
designate a person who will become the
tutor of your child, if the child is under
18 years of age, in the event that you and
the childs other parent die at the same
time or the other parent is unable to
assume the childs tutorship upon your
death.
You may choose to draw up one of three
types of wills: a notarial will, a holograph
will or a will made in the presence of

witnesses.
You can revoke or modify your will at any
time. For instance, you can modify it after
a divorce. If you have opted for a notarial
will, your notary may advise you to add a
codicil or to draw up a new will. Only the
most recent will is legally valid.
A notarial will is the only type of will
that does not have to be probated upon
a persons death. However, holograph
wills and wills made in the presence of
witnesses, including those made by a
lawyer, must be probated by a notary
or the court and the succession may be
responsible for paying the related fees. For
the procedure, see Probate of a will in
the Steps to settle a succession section of
this guide.
Lastly, it should be noted that probating
a will that has not been notarized delays
the liquidation of the succession, since the
liquidator must await the courts judgment
or the notarys minutes of the probate to
continue with his or her duties.
Notarial will
A notarial will is subject to more formalities than the two other types of wills.
A notary must draft the content and read
it in the presence of the testator. The
testator may be alone or in the presence of
a witness or, in certain cases (for example,
if the testator is blind), two witnesses.
The will must indicate the date and place
where it was made. Once the will has been
read, it must be signed by the testator, the
notary and the witness or witnesses, in
each others presence.
A notarial will has many advantages. There
is no risk of its being lost or stolen, since
the notary keeps the original document
in his or her register and files it in the
Registres des dispositions testamentaires
et des mandats of the Chambre des
notaires. The advice of a notary can be

very useful for ensuring your will complies
with the law and reflects your wishes.
A notarial will takes effect upon the
testators death and does not have to be
probated.
Lastly, there is no legal obligation to
read the will to the heirs after the testators death. However, doing so has many
advantages, since the notary can answer
the heirs questions and explain to the
liquidator his or her duties. Therefore,
wills often contain a clause stipulating that
they must be read out loud.
Holograph will
A holograph will is the simplest form of

will. It costs nothing and may contain
only a few lines. A holograph will must
be written entirely by hand and signed
by the testator. It cannot be drawn up
using a typewriter, computer or form.
No witnesses are required for this type of
will. It is preferable to date the document,
although this is not an essential condition for validity. If you write several wills,
the date will make it easier to identify the
most recent one.
Will made in the presence of witnesses
Like a holograph will, a will made in the

presence of witnesses is a document you
draw up yourself. You can write it by hand
or with a typewriter or computer. You can
also have it prepared by someone else. In
all cases, you must declare in the presence
of two witnesses aged 18 or over that the
document is indeed your will, and sign it.
The witnesses must then sign it immediately in your presence. The persons who
act as witnesses must not be your heirs.
You are not required to divulge your wills
contents to the witnesses.
In the case of a will written by hand by

a third party or using technical means
(typewriter, computer, etc.), you and your
witnesses must sign or initial each page.
As in the case of a holograph will, be sure
to tell someone you trust where the will is
kept. You can also entrust it to a notary or
lawyer, who will register it in the Registres
des dispositions testamentaires et des
mandats.
A will prepared and drafted by a lawyer
is deemed to be a will made in the presence of witnesses. Therefore, it has to be
probated after your death.
Will in a marriage or civil union contract
Some marriage or civil union contracts

contain a surviving spouse clause, which
makes the surviving spouse the sole heir
of all your property. This clause serves as
a will if you have not made one.
Z Note
For more information, see the brochure entitled My Will, published by the ministre
de la Justice, which discusses the different
types of wills and contains a template.
You can purchase the brochure from Les
Publications du Qubec by going to one of
its sales outlets, calling 418-643-5150 or
1-800-463-2100 (toll free) or ordering
it online at www.publicationsduquebec.
gouv.qc.ca. You can also purchase it in
certain bookstores. It is preferable not
to use other will templates sold in stores
or online, for they do not always take into
account the legislation in force in Qubec.
For more information, contact the ministre

de la Justice.
Website
www.justice.gouv.qc.ca
Telephone
Qubec area: 418-643-5140

Power of attorney
and mandates
Any power of attorney or incapacity
mandate, tutorship or curatorship
concerning the property of a person ends
on the death of that person. Therefore,
when a person for whom you have power
of attorney dies, you may no longer use
the power of attorney for banking or other
purposes.
the Declaration of Dative Tutorship form,

available on the website of the Curateur
public du Qubec.
A tutor to a minor is responsible for
ensuring the childs protection, seeing
to the childs education and well-being,
administering the childs patrimony and
exercising the childs civil rights until the
child turns 18, is fully emancipated or
dies. Every year, the tutor must render an
account of his or her administration to the
Curateur public, the tutorship council and
the minor child if the child is 14 years of
age or over.
For more information, contact the Curateur
public du Qubec.
Regular mail
600, boulevard Ren-Lvesque Ouest

Montral (Qubec) H3B 4W9
Website
www.curateur.gouv.qc.ca
Tutor to a minor
Telephone
If you are the parent of a child under

18 years of age, you are automatically the
childs legal tutor. In anticipation of your
death, you may designate a person who
will become the tutor of your minor child
in the event that you and the childs other
parent die at the same time or the other
parent is unable to assume the childs
tutorship upon your death. The right to
appoint one or more tutors (tutor to property, tutor to the person) rests solely with
the last surviving parent or with the parent
who is still capable of exercising that right.
If both parents die or become incapacitated at the same time and they have
appointed two different tutors, the court
must decide which one will act as tutor.

A tutor may be appointed in three different

ways: by naming the person in your will,
by naming the person in your mandate
in case of incapacity or by completing
DECLARATION AND REGISTRATION
OF A DEATH
Attestation of death
and declaration of death
When a person dies, the physician and the
funeral director intervene in turn in the
ensuing administrative process.
The physician:
completes two copies of the attestation of

death;
submits both copies to the funeral director

without delay.
The funeral director:
gives the person declaring the death a
copy of the attestation of death and helps

the person complete the declaration of
death and the Application for the simplified
forwarding of information relative to the
death;
Once the Directeur de ltat civil has

received the documents and assigned
them a registration number, the Directeur
can draw up an act of death and insert it
into the Qubec register of civil status.
The Directeur may then issue, on request,
a death certificate or a copy of the act of
death.
Note that certain funeral directors can now
access a free online service enabling them to
complete the declaration of death and send
it electronically to the Directeur de ltat
civil on behalf of the families. The online
service also makes it possible to complete
the Application for the simplified forwarding
of information relative to the death, request
a certificate or a copy of an act at a reduced
rate, and track the processing of the file.
The online service speeds up the processing
of the file.
fills out and signs the section of the decla-
ration concerning the disposal of the

body;
sends the attestation of death, the declara-
Application for the simplified

forwarding of information
relative to the death
gives the person declaring the death a
When the funeral director helps you

complete the declaration of death, he or
she will suggest that you also complete the
Application for the simplified forwarding of
information relative to the death. With this
form, you can notify up to nine departments and bodies of the persons death in
tion of death and the Application for the

simplified forwarding of information relative to the death to the Directeur de ltat
civil, along with the deceaseds health
insurance card;
copy of the declaration of death.
Declaration and registration of a death
one step through the Directeur de ltat

civil. It also enables you to avoid the costs
and processing time involved in obtaining
the death certificate that the departments
and bodies may require.
This form automatically cancels the
deceaseds registration in the Health
Insurance Plan and the Public Prescription
Drug Insurance Plan, administered by the
Rgie de lassurance maladie du Qubec, as
well as registration in the Social Insurance
Register through Service Canada.
The form also saves you from having to
submit proof of death to the Rgie des
rentes du Qubec and the Commission
administrative des rgimes de retraite et
dassurances in order to update the file of
the deceased person and obtain pensions
and benefits. However, persons eligible for
pensions and benefits still have to apply to
these bodies to obtain the pensions and
benefits to which they are entitled.
Lastly, the simplified forwarding application saves you from having to submit
proof of death to the ministre de lEmploi
et de la Solidarit sociale for the purposes
of the Qubec Parental Insurance Plan,
the Social Assistance Program and the
Social Solidarity Program (including debt
recovery) and to the Canada Revenue
Agency, the Curateur public du Qubec,
the Rgie du btiment du Qubec
and Aboriginal Affairs and Northern
Development Canada for the administration of their respective programs.
However, you will have to contact the
departments and bodies concerned to
fulfil any other obligations that may stem
from the persons death.
Death certificate and copy

of an act of death
Death certificate
A death certificate contains the main

information appearing on the act of death,
namely, the deceaseds name and sex, date
of birth, date and place of death, and the
registration number and date of issue of
the certificate.
Copy of an act of death
A copy of an act of death reproduces all

the information contained in the act of
death, in particular, the deceaseds name,
sex, date and place of birth, date and place
of marriage or civil union, the name of the
deceaseds spouse, if applicable, the name
of the deceaseds parents, and the date on
which the copy of the act was issued.
The purpose of the death certificate and
copy of an act of death is to confirm that
the death has been entered in the Qubec
register of civil status. The language in
which the documents are written is the
same as that used in entering the death in
the register.
The death certificate and copy of an act
of death serve to settle successions and
terminate access to government programs.
They also determine the start date for the
payment of pensions, annuities and other
survivor benefits.
Z Note
Only documents issued by the Directeur
de ltat civil are deemed to be official
documents that attest to a persons death.
Only persons named in the act of death and
persons who justify their interest (spouse,
children of the deceased, liquidator of the
succession, etc.) may request a death certificate or a copy of an act of death.
During the succession settlement process,

several government departments or bodies
require proof of death. It is a good idea to
find out which document is required.
How to apply for a death certificate

or a copy of an act of death
Online
The DEClic! service available on
the Directeur de ltat civil website
(www.etatcivil.gouv.qc.ca) is the fastest
and least expensive way to apply for a
death certificate or a copy of an act of
death. You will need a credit card (Visa or
MasterCard) to pay the required fees.
If the funeral director completes the
declaration of death and sends it to the
Directeur de ltat civil using the online
service for funeral directors, he or she can
also use that service to request a certificate
or a copy of an act on your behalf. You will
thereby have access to the reduced rate.
By regular mail
You must complete the Application for
a Certificate or a Copy of an Act Death
form and provide a photocopy of a valid
photo ID (e.g. your health insurance card,
drivers licence or passport) and a photocopy of a valid proof of home address
(e.g. municipal or school tax bill, recent
government correspondence). The fees
payable for a death certificate or a copy of
an act of death are indicated on the application form. You may make your payment
by cheque, postal money order or bank
money order payable to the Directeur
de ltat civil or by credit card (Visa or
MasterCard).
At a service counter
You must complete the Application for
a Certificate or a Copy of an Act Death
form and submit it in person at an office
of the Directeur de ltat civil or a Services

Qubec office that offers Directeur de
ltat civil services. You must provide a
valid photo ID and a valid proof of home
address. If necessary, you may ask an
attendant to help you complete the form.
The fees payable for a death certificate or
a copy of an act of death are indicated on
the application form.
To make its online services even more
accessible and better tailored to the needs
of its service counter users, the Directeur
de ltat civil offers the DEClic! Comptoir
service at its Qubec City and Montral
offices, as well as certain Services Qubec
offices that offer Directeur de ltat civil
services. With this service, you can use
a computer available on site to apply for
a certificate or a copy of an act online at
special online service rates. You must
bring a valid photo ID and a valid proof of
home address. If necessary, you may ask
an attendant to help you complete your
online form.
You may make your payment by cheque,
postal money order or bank money order
payable to the Directeur de ltat civil,
credit card (Visa or MasterCard), debit
card or cash.
By completing the form

You can obtain the Application for a
Certificate or a Copy of an Act Death
form from the website of the Directeur
de ltat civil at www.etatcivil.gouv.qc.ca,
one of its service counters or a Services
Qubec office.
Processing time
In order for civil status documents to be
issued, the death must first be entered in
the Qubec register of civil status. Once
the request for documents has been made,
you can expect to receive them in about
10 business days if you request normal
processing and 3 business days if you

request accelerated processing. In the
latter case, you will be required to pay
additional fees. Processing times may
be longer if, for example, your application is incomplete or the death occurred
recently and has not yet been entered in
the Qubec civil status register. To check
the processing status of your application
for a death certificate or a copy of an act of
death through the DEClic! online service,
you must have your application number.
For more information, contact the Directeur

de ltat civil.
Regular mail or in person

2535, boulevard Laurier
Qubec (Qubec) G1V 5C6
In person
2050, rue De Bleury

Montral (Qubec) H3A 2J5
Website
www.etatcivil.gouv.qc.ca
Email
etatcivil@dec.gouv.qc.ca
Telephone
Qubec area: 418-644-4545

Insertion of an act of death

made outside Qubec into the
Qubec register of civil status
If a person who was a resident of Qubec
dies outside Qubec, you can request that
the deceaseds act of death made outside
Qubec be inserted into the Qubec
register of civil status. This formality can
facilitate the successions settlement and
is free of charge. You must complete the
Application for Insertion of an Act of Civil
Status Made Outside Qubec into the
Qubec Register of Civil Status form and
send it to the Directeur de ltat civil, along
with, in particular, the original document
certifying the death issued by the officer of
civil status of the country or province in
which the death took place. If the documents submitted are written in a language
other than French or English, you must
enclose the original of a French translation
done or certified true by a member of the
Ordre des traducteurs, terminologues et
interprtes agrs du Qubec.
For more information, contact the
Directeur de ltat civil. The Directeurs
contact information is provided in the
previous section.
Disappearance of a person
and declaratory judgment
of death
By law, a person is deemed absent if the
person, although still a resident of Qubec,
has ceased to be seen at home, has not been
heard from by anyone and is not known to
be still alive. The person is presumed to be
alive during the seven years that follow his
or her disappearance, unless the persons
death is proven during that period.
10
A member of your family may disappear

in various ways: through kidnapping,
running away, illness, a natural disaster,
murder or suicide. In the persons
absence, you may request that the court
open a tutorship to the absentee in order
to administer the persons property and
exercise the persons rights.
Generally speaking, the Superior Court
may hand down a declaratory judgment of
death once seven years have elapsed from
the date of the persons disappearance.
This judgment may also be handed down
before this time limit when it is certain
that the person has died without it being
possible to draw up an attestation of death.
The declaratory judgment of death is sent
to the Directeur de ltat civil so that the
necessary information can be entered in
the Qubec register of civil status. After
that, you may request a death certificate or
a copy of the act of death in order to settle
the persons succession.
The Directeur de ltat civil can also draw
up the act of death of a missing person
when a court has found someone guilty of
acts causing the missing persons death or
the disappearance of the missing persons
body.
When a coroner conducts an investigation, the body remains under guard until
the deceaseds identity has been established or, if need be, an autopsy has been
performed. The body is then entrusted to
the funeral home chosen by the family.
The coroner must give a copy of the
Authorization to Dispose of the Body form
to the funeral director to ensure that the
family has the information needed to open
the succession.
If a problem arises concerning a death,
the chief coroner may order a public
inquest. Following an investigation or
a public inquest, the coroner submits a
report indicating the probable causes and
the circumstances of the death. If need be,
the coroner also makes recommendations
aimed at preventing other deaths under
similar circumstances. The coroners
report is public. Anyone may obtain a
copy upon request.
For more information, contact the Bureau
du coroner.
difice Le Delta 2
2875, boulevard Laurier, bureau 390
Qubec (Qubec) G1V 5B1
Website
www.coroner.gouv.qc.ca
Investigation and public

coroners inquest
Telephone
Throughout Qubec:
1 888 CORONER (1-888-267-6637)
An investigation or a public coroners

inquest may need to be conducted in
certain situations; for example, when
a person dies in violent or mysterious
circumstances or as a result of neglect,
when it is impossible to establish the
deceaseds identity or when the cause of
death is unknown. In such situations, the
police notify the Bureau du coroner.
11
STEPS TO SETTLE
A SUCCESSION
Search for a will

To settle a succession, you must first find
out if the deceased left a will. If so, you
must verify that the will you have found
is indeed the most recent one. Lastly, you
have to check the will to see if the deceased
appointed a liquidator of the succession,
for it is the liquidator who carries out
most of the main tasks needed to settle a
succession.
If you find a holograph will, a will made in
the presence of witnesses or a will drawn
up by a lawyer, the document will have to
be probated by a notary or the court. See
Probate of a will in this section for a
description of the procedure.
If the deceased was bound by a marriage
or civil union contract, certain clauses
could have the same effect as a will.
In all cases, and even if you have not found
a will, you must submit a request for a will
search to the following bodies:
Barreau du Qubec;
Chambre des notaires.
Requests for a will search enable you
to know which is the most recent will
recorded in the Registres des testaments
et mandats of the Barreau du Qubec and
the Registres des dispositions testamentaires et des mandats of the Chambre des
notaires.
In the absence of a will, you can ask a

notary to draft a declaration of heredity.
That document will help you identify the
potential heirs. See Succession in the
absence of a will in this section.
Request for a will search with the

Barreau du Qubec
You must submit a request for a will search
in the registers of wills and mandates
of the Barreau du Qubec to determine
whether or not the deceased made a will
with a lawyer. You can complete This
Search Request is to be Used by the Public
form, available on the Barreau du Qubec
website, and attach the original copy
of the act of death or death certificate
issued by the Directeur de ltat civil. You
may also attach a photocopy of this act
and the Barreau will return the original
to you. There is a fee for conducting a will
search, and it may be paid by certified
cheque or postal money order payable
to the Barreau du Qubec or by credit
card (Visa or MasterCard). You may also
submit your request online or in person.
It is less expensive to submit your search
request online since the fee is lower and
you do not have to provide the original
copy of the act of death or death certificate. You can simply attach a digital copy
using an insertion module.
Steps to settle a succession
12
Requesting a search in the registers of wills

and mandates of the Barreau du Qubec
is the only way to find a will written by
a lawyer. It also enables you to obtain a
search certificate confirming that a will
has indeed been registered in the Barreau
du Qubec registers. You will then be
provided with the contact information of
the lawyer who has the document you are
looking for so that you can recover it, if
necessary.
Request for a will search with the

Chambre des notaires
The will search request must be addressed

to the Registres des dispositions testamentaires et des mandats of the Chambre
des notaires. You must complete the Will
Search Request form, available on the
Chambre des notaires website, and attach
the original copy of the act of death or
death certificate issued by the Directeur
de ltat civil. You may also attach a
photocopy of this act and the Chambre
des notaires will return the original to you.
The fee for conducting a will search may
be paid by postal money order or credit
card.
For more information, contact the Barreau
du Qubec and the Chambre des notaires.
BARREAU DU QUBEC
Registres des testaments et mandats
Maison du Barreau
445, boulevard Saint-Laurent
Montral (Qubec) H2Y 3T8

DU QUBEC
Registres des dispositions
testamentaires et des mandats
Bureau 600
Website
www.cnq.org
Telephone

Email
registres@cnq.org
Probate of a will
If the deceased left a notarial will, it is not
necessary to have it probated. On the other
hand, if the deceased left a holograph will
or a will made in the presence of witnesses
(even if it was made before a lawyer), the
will must be probated by a notary or the
court for its validity to be recognized. You
can either ask a notary or a lawyer to take
the necessary steps on your behalf or you
can take them yourself.
If you want the will to be probated by the
court, you must file a request with the
courthouse in the judicial district where
the deceased resided or, if the deceased
did not reside in Qubec, the courthouse
in the judicial district where the person
died or left property.
You must also submit the following documents to the court:
Website
www.barreau.qc.ca
the original will;
Telephone

Elsewhere in Qubec: 1-800-361-8495,
ext. 0
a copy of the act of death issued by the
Email
yourself,
information@barreau.qc.ca
13
Directeur de ltat civil;
a sworn statement by:
one of the witnesses, in the case of a will

made in the presence of witnesses,
a person who can recognize the signa-
ture and handwriting of the deceased, in

the case of a holograph will;
a notice of presentation;
proof that the notice of presentation was
received by the successors.
The brochure entitled Application for

the Probate of a Will, published by the
ministre de la Justice, provides useful
information and a template for presenting
an application. You can purchase it
from Les Publications du Qubec by
going to one of its sales outlets, calling
418-643-5150 or 1-800-463-2100 (toll
free) or ordering it online at www.
publicationsduquebec.gouv.qc.ca. It is
also on sale in certain bookstores.
ministre de la Justice, whose contact
information is provided on p. 6.
Succession in the absence

of a will
If the deceased did not make a will, the
succession, a succession in the absence
of a will, will be liquidated in accordance
with the Civil Code of Qubec.
The following situations are also
considered successions in the absence of
a will:
the will is not valid;

the deceased was under 18 years of age
and his or her will contains provisions

pertaining to valuables;
there is no surviving spouse clause in

the marriage or civil union contract;
the will does not cover the property of the
A declaration of heredity may be drafted

by a notary in the case of a succession
in the absence of a will. This declaration
helps to draw up the list of potential heirs,
who usually are:
the sur viving spouse to whom the
deceased was still married, with whom the

deceased was still in a civil union or from
whom the deceased was separated,
without being divorced or without the
civil union being dissolved;
individuals related to the deceased by

blood or adoption in accordance with the
rules of the Civil Code of Qubec.
The following are not considered by law

to be heirs, unless their name appears
in the will: de facto spouses, brothersin-law, sisters-in-law, sons-in-law and
daughters-in-law.
Z Note
See the Successions section of the ministre
de la Justice website (www.justice.gouv.qc.ca)
for a detailed table showing how the property of a person who dies without a will is
distributed.
Liquidating a succession
Liquidator of a succession
Generally speaking, the liquidator of a

succession is named in the will. If a liquidator has not been named or there is no
will, the responsibility of liquidating the
succession falls to the heirs. They may
appoint a liquidator among themselves by
a majority decision or entrust the responsibility to an outside person, such as a
notary. The heirs may also decide to take
on different duties in order to settle the
succession together.
deceased.
14
If the will names you as the sole heir, you

are obliged to agree to act as liquidator
of the succession. If there is more than
one heir, you may refuse to assume this
responsibility. It is recommended that you
do so in writing. The liquidators replacement must be chosen using the method
provided for in the will. If no method is
indicated, the liquidator may be designated by a majority decision of the heirs.
If the heirs fail to reach an agreement, the
court may appoint a liquidator.
If you are not an heir, you may be
remunerated to assume the role of liquidator of the succession. If you are both an
heir and the liquidator and there is no
remuneration provision in the will, all of
the heirs must agree to remunerate you. In
all cases, you are entitled to the reimbursement of reasonable expenses incurred to
settle the succession.
Lastly, you must liquidate the succession within a reasonable amount of time.
If the liquidation takes more than one
year, at the end of the first year you must
submit a report on your administration
of the deceaseds property to the heirs,
individuals who are to receive a legacy by
particular title and any unpaid creditors.
Subsequently, you must submit a report at
least once a year.
Summary of the steps involved in

liquidating a succession
If you have been named liquidator of a

succession and you accept this responsibility, you will have to administer the
deceaseds property and settle the succession. If the succession includes immovables (land, house, apartment building,
etc.), you must consult a notary. The
notary will draft the declaration of transmission to an heir and enter it in the
Qubec land register. If there is no will or
marriage or civil union contract, you may
want to consult a notary in order to obtain
15
a declaration of heredity. This will help

you to identify the heirs. You may also
ask an accountant to help you with certain
decisions.
Main steps involved in liquidating a
succession:
1. Obtain official documents (death
certificate, copy of the act of death,
will search certificates from the
Chambre des notaires and the Barreau
du Qubec, marriage or civil union
contract).
2. Conduct a search for the will and have
the document probated (if it was not
made before a notary).
3. Identify and contact the heirs.
4. Enter the notice of appointment of
liquidator or, if applicable, the notice
of replacement of liquidator in the
register of personal and movable real
rights (RDPRM). (See note on page 16.)
5. Inform the federal and provincial
governments, financial institutions
and service providers of the persons
death (credit cards, debit cards, etc.).
6. Make an inventory of the successions
property and debts and publish the
notice of closure of inventory in the
RDPRM.
7. Open a bank account in the name of
the succession.
8. Settle the rights of the legal spouse
(family patrimony, matrimonial
regime, compensatory allowance,
support payments, etc.).
9. Recover any amounts owed to the
deceased (salaries, benefits, pensions)
and pay his or her debts as well as
those of the succession (rent, rights
of the spouse in the family patrimony,
property taxes, credit cards, etc.).
10. File the deceaseds income tax returns

with Revenu Qubec and the Canada
Revenue Agency and obtain authorization to distribute the property (Qubec)
and a clearance certificate (Canada).
11. Submit the final account of the succession and publish the notice of closure
of the liquidators account in the
RDPRM.
12. Distribute the legacies by particular
title, property and money to the heirs
according to the clauses of the will or,
if there is no will, in accordance with
the law.
13. Notify the Curateur public du Qubec
if a person under 18 years of age
receives an inheritance worth more
than $25 000.
The following tools are provided at the
end of this guide to help you carry out
these steps:
a list of useful documents for settling a

succession (see p. 46);
a checklist of what to do in the event of

death (see p. 48);
useful definitions (see p. 53).
Z Note
The Civil Code of Qubec sets out certain
requirements for the settling of a succession. The liquidator must ensure that the
following rights are entered, in the order indicated, in the register of personal
and movable real rights (RDPRM): the
name of the liquidator (or the liquidators replacement, if applicable), the
closure of the inventory and the closure
of the liquidators account. For more information, see the document entitled Le
rglement dune succession et le Registre
des droits personnels et rels mobiliers
(RDPRM) in the Publications utiles
section of the RDPRM website.
Acceptance or refusal
of a succession
If the deceased has designated you as an
heir, you may accept or refuse the succession. Generally speaking, an heir will
refuse a succession if the deceaseds total
debts exceed the value of the property
bequeathed. If the deceased has left debts
and you accept the succession, you must
pay the debts up to the value of the inheritance. You have six months from the date
of death to accept or refuse a succession.
However, this period is automatically
extended for as long as necessary to give
you 60 days from the publication of the
liquidators notice of closure of inventory
in the register of personal and movable
real rights (RDPRM) to make a decision.
If you refuse a succession, you must sign
a renunciation before a notary or make
a declaration that will be accepted by a
judge. It will be registered in the RDPRM.
If you do not sign a document before a
notary or make a declaration indicating
that you refuse the succession, you will be
deemed to have accepted it.
Note that certain actions or omissions are
equated with accepting a succession, even
if you have not yet given your consent,
so you must be vigilant. These actions
include using property in the succession
as if it were personal property, exempting
the liquidator from making an inventory,
failing to renounce the succession within
the prescribed time and liquidating the
succession without following the rules of
the Civil Code of Qubec.
However, you can take certain steps before
deciding whether or not to accept a succession. For example, you can distribute
the deceaseds clothing, personal papers,
medals, diplomas and souvenirs with the
agreement of the successors. You can also
sell perishable goods, give them to charity
or divide them among the successors.
16
Life insurance of the deceased
but not the property itself. You may not

renounce your rights in the family patrimony before the death of your spouse,
and a will cannot circumvent the rules on
family patrimony.
The proceeds of a life insurance policy for

which a beneficiary is expressly named
are not part of a succession. However, if
the insurance policy indicates that the
insurance is payable to the succession,
successors, heirs, liquidators, legal representatives or any other person referred to
by a similar expression, the proceeds of the
life insurance form part of the succession.
If the will does not respect the family

patrimony rules, the value of the half of
the family patrimony to which you are
entitled as the surviving spouse must be
deducted from the property bequeathed
to the heirs. The value of the remaining
half of the family patrimony and any other
property of the succession are then distributed according to the testators wishes.
Z Note
Matrimonial or civil union

regimes
As a rule, once you accept a succession,

you cannot change your mind.
If the heirs exempt the liquidator from

making an inventory, they are liable for
the debts of the succession beyond the
value of the property they inherit. If a successor, acting in bad faith, misappropriates
succession property for his or her own
benefit, conceals it or fails to report it to
the liquidator when the inventory is drawn
up, the successor is deemed by law to have
renounced the succession, despite having
accepted it.
Family patrimony
If you are married or in a civil union and
reside in Qubec, you are what is termed
a legal spouse and are subject to, almost
without exception, the provisions of the
Civil Code of Qubec regarding family
patrimony. If you are the legal spouse
of the deceased, you should be aware
that the provisions of the Civil Code of
Qubec regarding family patrimony take
precedence over wills and any testamentary clauses in marriage or civil union
contracts, but do not invalidate them. In
principle, you will receive half of the partitionable value of the family patrimony,
17
If you are the liquidator of the succession

of a married couple or a couple in a civil
union, you must first settle the partition
of the family patrimony and then settle
the liquidation of the matrimonial or civil
union regime before you liquidate the
succession. To determine the matrimonial
or civil union regime to which the couple
is subject, consult the marriage or civil
union contract.
For more information on family patrimony and matrimonial or civil union
regimes, visit the ministre de la Justice
website at www.justice.gouv.qc.ca.
Copy of a marriage or civil

union contract
If you cannot find the marriage or civil
union contract in the deceaseds papers,
you must obtain a copy from the notary
who prepared the contract.
If you do not know the name of the
notary, look for the deed of acquisition
of an immovable, as it will have the name
of the notary and the matrimonial regime

applicable to the deceased and his or her
spouse indicated on it. If you know the
name of the notary, but he or she is no
longer practising or has died, the Chambre
des notaires can assist you with the search.
If you are still unable to find the notarys
name, conduct a search in the register
of personal and movable real rights
(RDPRM). This will enable you to determine the deceaseds matrimonial regime
and the name of the notary who drafted
the marriage contract (on or after July 1,
1970) or the civil union contract. You will
have to provide the surname, given name
and date of birth of one of the spouses and
pay the applicable fees.
For more information, contact the Registre
des droits personnels et rels mobiliers
or the Chambre des notaires.
REGISTRE DES DROITS
PERSONNELS ET RELS MOBILIERS
Authorization to distribute
the property of a succession
If you are the liquidator of a succession,
you are responsible for drawing up an
inventory of the deceaseds property and
distributing it.
You must notify Revenu Qubec as
quickly as possible that you are the liquidator of the succession. The will may name
two liquidators, in which case you must
act jointly. If you do not wish or are unable
to act at the same time, you must decide
which one of you will act as a representative in dealings with Revenu Qubec.
To prove that you are indeed the liquidator of the succession, you must file the
death certificate and, depending on the
situation, one or more of the following
documents:
Succession with a will:
a certified true copy of the notarial will

and any related codicil;
Website
a certified true copy of the holograph will
www.rdprm.gouv.qc.ca
Telephone
Qubec area: 418-646-4949

Bureau 600
or the will made in the presence of

witnesses, issued by a clerk of the court or
a notary, and a certified copy of the judgment probating the will or the minutes of
the probate.
Succession in the absence of a will:
a letter signed by the heirs naming you as

liquidator;
the court judgment;
Website
www.cnq.org
the marriage or civil union contract;
Telephone
a declaration of heredity registered before

a notary.
You may provide either the original documents or certified copies.

Before you distribute the deceaseds property, you must notify Revenu Qubec of
your intention and obtain a certificate
18
authorizing the distribution of the property. You must complete the Notice Before
Distribution of the Property of a Succession
form (MR-14.A-V) and send it to Revenu
Qubec as soon as the value of the
deceaseds property and the amount of
his or her debts are known. As a rule, you
must enclose the following documents:
an official document certifying the death

(such as the death certificate);
the two will search certificates (that of the

Chambre des notaires du Qubec and that
of the Barreau du Qubec);
one of the following documents:

if the deceased left a notarial will, a cer-
tified copy of the will and any related

codicil;
if the deceased left a holograph will or a
will made in the presence of witnesses,
a certified copy of the will signed by a
clerk of the court or a notary, and a certified copy of the judgment probating
the will or the minutes of the probate.
Z Note
Before you can distribute the property of
the succession, all tax returns for the deceased must be filed, all related notices
of assessment must be received, and all
amounts due must be paid.
You may pay the funeral and related expenses (cost of publishing the death notice
in the newspaper, flowers, etc.) and urgent
or absolutely essential expenses that do not
exceed $12 000 before you send the Notice
Before Distribution of the Property of a
Succession form (MR-14.A-V) to Revenu
Qubec.
If you distribute the property of the succession before obtaining the authorization
certificate from Revenu Qubec, you will
be held personally liable for the payment
19
of the amounts due, up to the value of the

property distributed. On the other hand, if
you have obtained the certificate authorizing the distribution of property, the heirs
will be liable for the amounts owed to
Revenu Qubec.
Income tax returns

for the deceased
Income tax return for the year
of death
If you are the liquidator of a succession,

you must file the deceaseds tax return for
the year in which the death occurred. You
must clearly indicate that the tax return is
for a deceased person, include the balance
owed and submit the form and payment
within the prescribed tax return filing
deadlines indicated below.
Period when the
death occurred
Tax return filing

deadline
Between January 1 April 30 of the year

and October 31
following
the year of death
Between
November 1
and December 31
6 months
to the day after
the date of death
If the deceased or the deceaseds spouse

operated a business during the year of
death, the tax return filing deadline is
generally June 15 of the year following the
year of death. However, the taxes must be
paid by the deadlines indicated above.
You must also file a Personal Income Tax
Return for any previous taxation years in
respect of which the deceased did not file
a return.
Trust income tax return
In your capacity as liquidator, you are

also responsible for filing the income tax
return of the succession if the succession
earned any income. For this purpose,
you must complete the Trust Income Tax
Return form (TP-646).
However, you do not have to file a trust
income tax return if:
the death benefit paid by the Rgie des
rentes du Qubec is the only income that

would be indicated on the return. In that
case, the benefit must be included in the
tax return of the successions beneficiary
or beneficiaries;
the succession did not generate any
income before the property was distributed to the heirs (e.g. interest, rental
income, etc.).
Z Note
Revenu Qubec provides information
on your tax obligations in the event of
death under Common Situations in
the Citizens section of its website at
www.revenuquebec.ca.
The website also contains a link to the
brochure entitled Estates and Taxation
(IN-313-V) intended for individuals who,
following the death of a close relative, must
assume responsibility for settling the succession. For additional details, consult the
Guide to Filing the Income Tax Return
of a Deceased Person (IN-117-V) and the
Guide to Filing the Trust Income Tax Return
(TP-646.G-V).
For more information, contact Revenu

Qubec.
Regular mail
Montral, Laval, Laurentides,

Lanaudire and Montrgie
Direction principale des relations
avec la clientle des particuliers
Revenu Qubec
C. P. 3000, succursale Place-Desjardins
Montral (Qubec) H5B 1A4
Qubec and other regions
Revenu Qubec
3800, rue de Marly
Qubec (Qubec) G1X 4A5
Website
www.revenuquebec.ca
Telephone
Qubec area: 418-659-6299

Unclaimed property
and successions
Every year, thousands of property items
are not claimed by their owners. The main
types of unclaimed property are financial
assets, succession property, property of
businesses that have been dissolved, property without an owner and property whose
owner is unknown or untraceable.
The register of unclaimed property is
administered by Revenu Qubec. The
purpose of the register is to inform the
public of the existence of property whose
owners are unknown or untraceable.
To that end, Revenu Qubec publishes
public notices in newspapers detailing the
property. Anyone who believes they have
rights to such property (e.g. the heirs of
20
a deceased person) have up to 10 years

to contact Revenu Qubec. In the case
of successions, Revenu Qubec acts as
provisional liquidator on behalf of the
government.
During the settlement of a succession,
you can conduct a search in the register,
available under Unclaimed Property
on the Revenu Qubec website at
www.revenuquebec.ca. You can check
to see if there are any financial assets that
have been left inactive in a financial institution in Qubec (e.g. a credit union).
Transfer of the right of

ownership on an immovable
If the deceased possessed real property
such as a building, house, land, etc., you
must consult a notary and request that he
or she draft a declaration of transmission
for real property attesting to the transfer
of the titles of ownership to the heirs. The
declaration will be entered in the Qubec
land register. The notary will verify the
ownership of the immovable and the
related expenses in order to draw up what
is known as the chain of title. The land
register contains a record of all transactions in respect of immovables located
in Qubec. It can be consulted online (a
fee applies).
Before consulting the notary, make sure
you have in hand the necessary documents, such as the death certificate, a copy
of the marriage or civil union contract,
the will, the titles of ownership and the
municipal assessment of the immovable
concerned.
To search an immovable in the online
Qubec land register, you need to know
the lot number given to the immovable
and the name of the cadastre in which it
is located.
21
For more information, contact the Centre

de relation avec la clientle de linformation
foncire.
Website
www.registrefoncier.gouv.qc.ca
Email
info.foncier@mern.gouv.qc.ca
Telephone
Qubec area: 418-643-3582

Right to maintain occupancy

in the event of death
A person who occupied a dwelling with
a person who has died may take over the
lease for the dwelling if he or she continues
to occupy the premises and gives written
notice to that effect to the lessor no later
than two months after the death.
In cases where the lessor dies, the lease
remains in effect until it expires, and must
be respected.
Cancellation of a lease
on the death of a lessee
To cancel the lease of a tenant who has
died, the liquidator of the succession or
the heir must give the lessor:
Lessee who lived with a person at the time

of death
notice of one month during the month
following the expiry of the two-month

period after the death, if a person lived
with the lessee at the time of death and did
not avail himself or herself of the right to
become the primary lessee in the two
months after the death;
Lessee who lived alone at the time of death

notice of two months within six months
after the death.
To give notice, complete the Notice

regarding the death of the lessee form
(RDL-804A-E), available under Models
of notices for lessees in the Notices
section of the Rgie du logement website.
The cancellation of the lease takes effect
two months after the notice is sent,
regardless of the duration of the lease. If
the lease is not cancelled, the liquidator of
the succession or an heir must pay the rent
during that time, unless an agreement is
reached with the lessor or the dwelling is
re-leased.
In addition, if the deceased lessee was
receiving services and care of a personal
nature under his or her residential lease,
the liquidator, the heir or the person who
occupied the dwelling with the lessee will
have to pay only the part of the rent that
relates to the services provided to the
lessee prior to his or her death.
Generally speaking, the rules mentioned
above apply to private seniors residences
and not to residential and long-term care
centres (CHSLDs), which have their own
rules.
For more information, contact the Rgie
du logement.
Website
www.rdl.gouv.qc.ca
Telephone

Death of the mandatary

of an incapacitated person
If the deceased was the mandatary of an
incapacitated person, a replacement must
take over the responsibility. If there is
a mandate in case of incapacity for the
incapacitated person (sometimes called
protective supervision), it is essential to verify whether a substitute is to
be appointed in case of the mandatarys
death. If no provision is made for a substitute, the court must institute a tutorship
or a curatorship.
In your capacity as liquidator of the
succession, you must notify the Curateur
public du Qubec of the mandatarys
death. However, if you completed the
Application for the simplified forwarding
of information relative to the death, at
the time of death, the Directeur de ltat
civil will provide the Curateur public
with the information concerning the
death. Nevertheless, you must contact
the Curateur public to find out what
other formalities must be performed
in connection with the death. It is your
responsibility to protect the incapacitated
persons interests until a new mandatary
is appointed.
Protective supervision:
tutor or curator
If the deceased was under private
protective supervision monitored by the
Curateur public du Qubec, you must
inform the latter of the persons death.
If the deceased was a tutor or a curator,
you must also inform the Curateur public
so that it can make sure the person is
replaced. However, if you completed the
of information relative to the death, at
22
ARE YOU MOVING?

MAKE IT EASIER!
The Service qubcois de changement dadresse allows you
to notify six government departments and bodies of your change of
address in a single operation:
Ministre du Travail, de lEmploi et de la Solidarit sociale
Rgie des rentes du Qubec
Socit de lassurance automobile du Qubec
Revenu Qubec
Directeur gnral des lections du Qubec
Rgie de lassurance maladie du Qubec
www.gouv.qc.ca
Su p p o rt g o e s
even
Sometimes bereavement can be a long road. That is why we reach

administrative assistance, support groups or even a free consultation with
because someone like you decided to get in touch with us.
s on,
af t er d e a t h .
h out to the deceaseds family members and provide for them with
h a notary or a psychologist. A relationship of trust made possible simply
ALWAYS
HERE
fcfq.coop
DO YOU HAVE YOUR

QUBEC SERVICES ACCOUNT ?
The death of a loved one is a difficult time

requiring you to take certain steps with government
departments and agencies as quickly as possible.
With My Qubec Services Account, you can
obtain a personalized list of these steps and have
direct access to online services.
Simplify your steps.
www.gouv.qc.ca
the time of death, the Directeur de ltat

civil will provide the Curateur public
with the information concerning the
death. Nevertheless, you must contact the
Curateur public to find out what other
formalities must be performed in connection with the death.
Generally speaking, you must notify the
Curateur public du Qubec of any change,
because the latter is responsible for
keeping three public registers: the register
of persons of full age under tutorship or
curatorship, the register of homologated
mandates in case of incapacity (also called
protective mandates) and the register of
tutorships to minors.
institution concerned or to the institutions executive director.

Commission daccs linformation du
Qubec.
Qubec
575, rue Saint-Amable, bureau 1.10
Qubec (Qubec) G1R 2G4
Montral
Bureau 18.200
Montral (Qubec) H2Z 1W7
Website
www.cai.gouv.qc.ca
Email
For more information, contact the Curateur
public du Qubec.
cai.communications@cai.gouv.qc.ca
Regular mail
Qubec area: 418-528-7741


Montral (Qubec) H3B 4W9
Telephone
Website
www.curateur.gouv.qc.ca
Telephone

Medical record
As a rule, family members of a deceased
person are entitled to know the cause
of death. Family members include the
deceaseds father, mother, child or spouse.
A blood relative may also access information in the deceaseds medical record for
the sole purpose of ascertaining whether
the deceased had a genetic or hereditary
disease.
All access to information requests must
be submitted, in writing, to the person
in charge of access to information and
protection of personal information at the
27
Obligation of support toward

family members
Death does not terminate a persons
obligation of support. Consequently, if
the debtor (the person who was paying
support) dies, the creditor (the person who
was receiving support payments) may,
within six months after the death, claim a
financial contribution from the succession
as support. By law, the creditor may claim
a financial contribution even if the right
to support was not exercised prior to the
death. This financial obligation may thus
be paid out of the succession funds over
a specified period of time. To resolve any
problems related to this obligation or to
determine the amount of the contribution
payable, do not hesitate to consult a legal
advisor. If necessary, see if you are eligible
for legal aid services.
If the deceased was paying you spousal

or child support, your first step will be
to contact the officer in charge of your
support file at Revenu Qubec to find out
what happens in the event of a debtors
death.
Compensatory allowance
In the event of your spouses death, you
may be able to claim a compensatory
allowance if you can provide proof that,
during your marriage or civil union, your
personal contribution was so significant
that it contributed to the enrichment
of your spouses patrimony in property
or services (for example, you made a
regular contribution to a business without
receiving a salary). The allowance may be
in the form of a sum of money or property.
You must submit the request to the liquidator within 12 months following the death
of your spouse. You must reach an agreement on the amount of the allowance
with the heirs and legatees by particular
title. If you fail to reach an agreement, the
amount will be set by the court.
Government of Canada
programs and services
For more information on Government of
Canada programs and services, contact
Service Canada at 1-800-622-6232 or see
Following a death in the Life events
section of the Service Canada website at
www.servicecanada.gc.ca.
28
FINANCIAL ASSISTANCE
TO SURVIVORS
AND LEAVE
Leave granted in the event

of death
When a loved one dies, you must notify
your employer of your absence as soon as
possible. In certain cases, you are entitled
to a leave that must be taken between the
day of the death and the day of the funeral
inclusively.
If your employment is governed by the Act
respecting labour standards, you may be
absent from work for the amount of time
stipulated therein, namely:
five days, including one with pay, for the
death or funeral of your spouse, your

child or your spouses child, or your father,
mother, brother or sister;
one day, without pay, for the death or

funeral of your son-in-law, daughter-in-law, one of your grandparents or
grandchildren, or of your spouses father,
mother, brother or sister.
Under the same circumstances, an

employee in the garment industry may be
absent from work for:
five days, including three consecutive days
with pay, for the death or funeral of the

employees spouse or child or the child of
the employees spouse, the employees
father, mother, brother or sister;
29
one day, with pay, for the death or funeral
of one of the employees grandparents or

the father or mother of the employees
spouse;
one day, without pay, for the death or
funeral of a son-in-law or daughter-in-law,

one of the employees grandchildren, or
the brother or sister of the employees
spouse.
If your spouse or child (even if the child is

over 18) commits suicide, you are entitled
to a maximum of 52 weeks of unpaid
leave.
If your spouse or child (even if the child is
over 18) died during or as a direct result
of a criminal act, you are entitled to a
maximum of 104 weeks of unpaid leave.
For information on the compensation that
may be payable to you in this case, see the
Compensation in the event of a crime or
an act of good citizenship section of this
guide.
If you are governed by a collective agreement, the Canada Labour Code or a decree,
the leave granted in the event of death may
vary. As a rule, your union representative
should be able to tell you what kind of
leave applies in your situation.
Financial assistance to survivors and leave

Commission des normes du travail.
Website
of the guide What to Do in the Event of

Death. Print versions of the form are available at most funeral homes.
Death benefit
www.cnt.gouv.qc.ca
Telephone
The death benefit is a lump-sum payment

of a maximum amount of $2500.
Survivors benefits paid by the

Rgie des rentes du Qubec
If an application and a photocopy of proof

of payment are submitted to the Rgie des
rentes du Qubec within 60 days following
the death, the benefit is paid on a priority
basis to the person or charitable organization that paid the funeral expenses.
The Qubec Pension Plan is a mandatory

public insurance plan that offers basic
financial protection to workers and their
families at retirement and in the case of
disability or death.
If the funeral expenses are less than the

amount of the death benefit payable, the
difference may be paid to the deceaseds
heirs or other eligible persons, provided
they file an application.
If you are a family member of a deceased

person who contributed sufficiently to
the plan (generally, the person must have
contributed for at least 10 years, but sometimes it may be less), you may be entitled
to survivors benefits. Depending on your
situation, there are three types of financial
assistance:
After 60 days, the death benefit can be

paid to the deceased's heirs. If there are
no heirs or if they renounce the succession, the benefit can be paid to other
eligible persons. The application must be
submitted to the Rgie no later than five
years after the date of death.

the death benefit;

the surviving spouses pension;
the orphans pension.
In certain cases, you may be entitled to
survivors benefits even if the deceased did
not contribute sufficiently to the Qubec
Pension Plan. Be sure to apply for the
benefits from the Rgie without delay.
For more information, visit the Rgies
website.
Note that the death benefit is taxable and

an income tax slip will be issued in the
successions name.
Eligible funeral expenses

The following funeral expenses are
accepted for the purposes of payment of
the death benefit:
transportation and embalming of the

body;
casket, funeral urn and niche;
To apply for survivors benefits
visitation at the funeral home;
You can apply for survivors benefits using

the online service offered on the Rgie des
rentes du Qubec website or by downloading the Application for Survivors
Benefits form, either from the same
website or from the electronic version
funeral service;
burial or cremation;
services of a funeral director;
publication of death notices;
30
thank-you cards;
cemetery plot, monument, inscription;
expenses incurred for telephone calls or
telegrams to reach members of the immediate family;
taxes charged on reimbursable expenses.
The surviving spouses pension ensures

a basic income. It is taxable and will be
paid beginning in the month following the
death. There is no time limit for applying
for the pension, but it is paid retroactively
for up to 12 months only. The amount of
the surviving spouses pension is indexed
each year.
Death benefit and prearranged funeral

services
The amount of the pension is determined

based on:
Funeral expenses prepaid by the deceased

under a prearranged funeral services
contract will not be reimbursed.
the contributions your spouse made to the
Eligible expenses not covered by the

prearranged funeral services contract
are sometimes incurred after the person
dies. In that case, the person who paid the
expenses may submit an application for
reimbursement, up to $2500, to the Rgie.
Surviving spouses pension
If you are the surviving spouse of a person

who contributed sufficiently to the Qubec
Pension Plan, you may be eligible for the
surviving spouses pension. To qualify as
a surviving spouse, you must have been
married to or in a civil union with the
deceased.
In certain cases, the pension will be paid to
you even if you were not married to or in
a civil union with the deceased. If you are
the de facto spouse of the deceased, you
may qualify as the surviving spouse if you
lived in a conjugal relationship with that
person for at least three years preceding
his or her death. However, if a child was
born or is to be born of the union, if you
adopted a child together or if one of you
adopted the others child, only one year of
cohabitation is required. In this case, the
pension will be paid to you if the deceased
was not married or in a civil union. Under
certain conditions, the pension may be
paid to a legally separated spouse.
31
Qubec Pension Plan;
the retirement pension supplement, if the

deceased was receiving one;
your age.
The amount varies according to whether
or not:
you support dependent children of the

deceased person or children recognized as
such;
you are disabled and under 45 years of

age;
you are already receiving a retirement or

disability pension.
Orphans pension
If you are supporting a minor child of the

deceased and the latter contributed sufficiently to the Qubec Pension Plan, you
may receive an orphans pension until the
child reaches the age of 18.
The deceaseds child may be:
his or her biological or adopted child;

a child who had been living with the
deceased for at least one year, if the

deceased served as mother or father to the
child (a child placed in foster care in the
deceaseds home is not considered to be
the deceaseds child).
The orphans pension is paid as of the

month following the death. The pension
is taxable and must be reported in the
childs income. It is indexed annually.

Almost without exception, the pension is
paid retroactively for up to 12 months.
Pensions from a foreign

country
Combined pension
If your deceased spouse worked in a

foreign country, you may be entitled to
a pension from that country for you and
your dependent children.
If you were receiving the surviving

spouses pension and you also contributed
to the Qubec Pension Plan, you may also
be entitled to a retirement pension or a
disability pension. In this case, the Rgie
will pay you these two pensions in a single
monthly payment known as a combined
pension. However, the total amount
paid is not necessarily equivalent to the
sum of the two pensions, since there is
a maximum set by the Act respecting the
Qubec Pension Plan. The retirement and
disability pensions remain unchanged,
but the surviving spouses pension may be
reduced in certain cases.
If you are already receiving a surviving
spouses pension as a result of a prior
union and you lose your current spouse
as well, you must submit a new application to the Rgie. You will not receive two
surviving spouses pensions, but the Rgie
will pay you the higher of the two pensions
to which you are entitled.
For more information or to apply for
survivors benefits, contact the Rgie des
rentes du Qubec.
Website
www.rrq.gouv.qc.ca
Telephone
Qubec area: 418-643-5185

For more information, contact the Bureau

des ententes de scurit sociale at the
Rgie des rentes du Qubec.
Telephone
Montral area: 514-866-7332, ext. 7801

Elsewhere in Qubec: 1-800-565-7878, ext.
7801
Special benefit for funeral

expenses granted under the
Social Assistance and Social
Solidarity programs
You may be eligible to receive a special
benefit, up to $2500, from the ministre
de lEmploi et de la Solidarit sociale
to cover the expenses incurred for the
funeral of a deceased person, even if
the person was not receiving last resort
financial assistance. This special benefit
is generally granted where the deceased
person had insufficient financial resources.
Certain amounts are subtracted from the
maximum benefit payable, including life
insurance proceeds payable to the succession, the amount paid by the Rgie des
rentes du Qubec and amounts paid under
a prearranged funeral services contract.
First, you must contact the Rgie des rentes
du Qubec within 60 days following the
death to find out if you are eligible for the
death benefit payable under the Qubec
Pension Plan. If you are not eligible, you
have 90 days from the date of receipt of a
notice of refusal from the Rgie to apply
for the special benefit for funeral expenses.
32
Follow one of the following procedures, depending on the situation of the

deceased:
Compensation for automobile

accident victims
The person was receiving last resort fi-
If a person dies as a result of an automobile accident, the deceaseds spouse and

dependants may be entitled to an indemnity. If the deceased did not have a spouse,
the indemnity is paid to the dependants.
If the deceased did not have a spouse or
dependants and was under 18 years of age,
the deceaseds parent(s) are entitled to the
indemnity. If the deceased did not have a
spouse or dependants and was 18 years of
age or over, the indemnity is included in
the succession.
nancial assistance
Complete the Application for the payment
of funeral expenses form, which you can
get from your local employment centre
(CLE), and submit it to the CLE along
with the required documents.
The person was not receiving last resort
financial assistance and lived alone

Complete the Demande de remboursement
de frais funraires pour un adulte non prestataire dune aide financire de dernier
recours (application for the payment of
funeral expenses for an adult who was not
receiving last resort financial assistance)
form, which you can get from your local
employment centre (CLE), and submit it
to the CLE along with the required
documents.
The person was not receiving last resort
financial assistance and lived as a couple

or as part of a family
Complete the Application for Service
General Information and Appendix 2
Application for last resort financial
assistance forms, which you can get from
your local employment centre (CLE), and
submit them to the CLE along with the
required documents.
These forms are also available on the

website of the ministre de lEmploi et de
la Solidarit sociale.
For more information, contact your local
employment centre or the ministre de
lEmploi et de la Solidarit sociale.
The first step is to call the Socit de

lassurance automobile du Qubec to have
a claim file opened. You can then mail in
your claim for compensation, even if some
of the required forms or documents are
missing. You can submit them later.
You have three years from the date of
the victims death to file your claim for
compensation. Compensation for funeral
expenses may also be paid to a deceased
persons succession.
For more information, contact the Socit
de lassurance automobile du Qubec.
Website
www.saaq.gouv.qc.ca
Telephone
For an accident in Qubec:

1-888-810-2525
For an accident outside Qubec:
1-800-463-6898 (toll free in Canada and
the United States)
Website
www.emploiquebec.gouv.qc.ca
Telephone
33
Indemnities in the event of

death following an industrial
accident or occupational
disease
If a family member dies as a result of
an industrial accident or occupational
disease, you may be entitled to various
indemnities paid by the Commission
de la sant et de la scurit du travail.
Depending on the circumstances, indemnities are paid as a pension or a lump
sum. The Commission de la sant et de la
scurit du travail also reimburses to the
payer, on the presentation of vouchers,
funeral expenses (up to a set maximum)
and the cost of transporting the body. You
must file your claim within six months.
Commission de la sant et de la scurit
du travail.
In addition, funeral expenses and the cost

of transporting the body may be partially
reimbursed to the payer. If a dependent
child under 18 (or over 18 but under 25
if the child attends an educational institution on a full-time basis or is incapacitated) dies as a result of a crime, the childs
parents may also receive compensation.
You must file an application for benefits
with the Direction de lindemnisation des
victimes dactes criminels (IVAC) within
two years following the death, using the
form provided for that purpose. The form
can be obtained from the Direction or
downloaded from its website.
For more information, contact the Direction
de lindemnisation des victimes dactes
criminels at the Commission de la sant
et de la scurit du travail.
Website
www.ivac.qc.ca
Telephone
Website
www.csst.qc.ca
Telephone
Compensation in the event

of a crime or an act of good
citizenship
If a person dies as a result of a crime or
while trying to come to the rescue of
another person, compensation may be
granted to the deceaseds dependants.
Dependants of the victim or the rescuer
include the surviving spouse, the victims
or rescuers child, who must be under
18 years of age (or over 18 but under 25
and attend an educational institution on
a full-time basis or be incapacitated) or
any person who lives wholly or partially
on the victims or the rescuers income.
Z Note
Assistance is also available to help overcome the psychological consequences of
such events. For information on the various services offered, contact the network of
crime victims assistance centres (CAVAC)
or visit its website.
Website
www.cavac.qc.ca
Telephone
34
Indemnities in the event of a

hunting or trapping accident
If a family member dies while hunting
or trapping, you may be entitled to an
indemnity if the deceased was the holder
of a hunters or trappers certificate.
You must submit your application, along
with the death certificate issued by the
Directeur de ltat civil, to the ministre
des Forts, de la Faune et des Parcs within
90 days following the hunting or trapping
accident. See also Hunters or trappers
certificate in the Changes, transfers and
cancellations section of this guide.
ministre des Forts, de la Faune et des
Parcs.
Website
www.mffp.gouv.qc.ca
Email
service.clientele@mffp.gouv.qc.ca
Telephone
Supplemental pension plans

(pension funds)
Many employees participate in a supplemental pension plan, commonly called
a pension fund. When a pension plan
participant dies, the plan must pay a
death benefit to the participants spouse.
If the participant did not have a spouse,
the benefit will be paid to the participants beneficiary or, in the absence of a
beneficiary, to the participants heirs. The
pension plan administrator will send a
statement of benefits to the person entitled
to receive the death benefit, within 60 days
after the date on which the person was
informed of the death.
35
For more information, contact the administrator of the pension plan concerned. As
a rule, the administrators contact information appears on the statements of benefits the deceased used to receive.
Death benefits paid by the

Commission administrative
des rgimes de retraite et
dassurances
The Commission administrative des
rgimes de retraite et dassurances administers most of the pension plans in which
public and parapublic sector employees
(employees of the gouvernement du
Qubec and public bodies) participate.
If the deceased was a public or parapublic sector employee, you must contact
the Commission. If you completed the
of information relative to the death, the
Directeur de ltat civil will provide
the Commission with the information
concerning the death. Nevertheless, you
must contact the Commission to find out
what other formalities must be performed
in order to benefit from the advantages
associated with the deceaseds retirement
plan.
The spouse, dependent children or
heirs of a deceased retiree or a deceased
participant in one of the plans administered by the Commission administrative
des rgimes de retraite et dassurances
may receive a pension, the total of the
deceaseds pension contributions, or the
actuarial value of the pension, depending
on the plan.
Also, public and parapublic sector
employees are generally eligible for a
basic life insurance plan. In fact, most
collective agreements make provision for
such protection. Upon the death of an

eligible employee, the Commission pays
the life insurance benefit to the persons
heirs.
Commission administrative des rgimes
de retraite et dassurances.
Website
www.carra.gouv.qc.ca
Telephone
Qubec area: 418-643-4881

36
CHANGES, TRANSFERS
AND CANCELLATIONS
Cancellation of the health

insurance card in the event
of death
If the death occurs in Qubec, the funeral
director can send the deceaseds health
insurance card to the Directeur de ltat
civil at the same time as the attestation of
death. The Directeur then sends the card
to the Rgie de lassurance maladie du
Qubec to be cancelled.
If the health insurance card is not given to
the funeral director, it must be returned to
the Rgie within three months following
the death, at the following address:
Case postale 6600
Qubec (Qubec) G1K 7T3
Contact the Rgie de lassurance maladie
du Qubec to notify it of a death that
occurred outside Qubec.
Telephone
Qubec area: 418-646-4636

37
Z Note
Before you give the deceaseds health insurance card to the funeral director or
return it to the Rgie, write down the card
number. This information often has to be
provided on forms.
Registration with the public

health and prescription drug
insurance plans
The Directeur de ltat civil automatically
notifies the Rgie de lassurance maladie
du Qubec when a death occurs in Qubec
and is entered in the Qubec register of
civil status. The Rgie then cancels the
deceaseds registration with the Health
Insurance Plan and, if applicable, with the
Public Prescription Drug Insurance Plan.
If you were covered by the private drug
insurance plan of the deceased, you must
find out if your coverage is affected. Given
your new circumstances, you may have to
register for the Public Prescription Drug
Insurance Plan.
Changes, transfers and cancellations
For more information, visit the Citizens

section of the Rgie de lassurance maladie
du Qubec website.
Website
t h e d e at h n o t i c e p u b l i s h e d i n a
newspaper;
the death notice published on the Internet;

the burial certificate;
any other document issued by a body
www.ramq.gouv.qc.ca
Telephone
Qubec area: 418-646-4636

Drivers licence
If the deceased had a drivers licence
and you are the liquidator of the succession, you must contact the Socit de
lassurance automobile du Qubec to have
the drivers licence cancelled. It may be
possible to get a reimbursement of the fees
for the full months remaining between the
date of death and the expiry date of the
drivers licence. If you are eligible for a
reimbursement, a cheque made out to the
succession will be mailed to you.
To request a reimbursement, you can go
to a Socit de lassurance automobile du
Qubec service outlet in person. You must
provide:
the deceaseds name;
responsible for recording a death or

burying a person.
Before you return the drivers licence,

write down the number, as you may need
this information later on.
If you are unable to go to one of the
Socits service outlet in person, you can
request a reimbursement by mail. You
must send all of the necessary information
and required documents to the following
address:
Service aux particuliers
Socit de lassurance automobile
du Qubec
Case postale 19600
Qubec (Qubec) G1K 8J6
Website
www.saaq.gouv.qc.ca
Telephone
Qubec area: 418-643-7620

Elsewhere in Canada and the United
States: 1-800-361-7620
full address;
date of birth;
drivers licence;
and one of the following documents:
the declaratory judgment of death;

the death certificate;
the copy of the Declaration of Death form
kept by the declarant (green copy);
The addresses of service outlets of the

Socit and its mandataries are also listed
in the gouvernement du Qubec pages of
the telephone book.
the coroners report;

a copy of a death-related document issued
by the funeral home;
38
Transfer of vehicle ownership
Z Note
If the deceased had a vehicle registered in

Qubec and you are the liquidator of the
succession, transferring ownership of the
vehicle to an heir is one of your duties. To
make the transfer, you must go to a Socit
de lassurance automobile du Qubec
service outlet with the heir in whose name
the vehicle registration is to be transferred.
If you are unable to go to a Socit service

outlet in person, you can send a representative provided that person submits
the Declaration of Transfer of Ownership
following Death form, which you have
signed beforehand. The heir may thus
conduct the transaction without you
provided you have authorized the transaction on the form. Where a liquidator
of the succession is not named in the
deceaseds will or the deceased did not
leave a will, a representative of the heirs
may complete the form and carry out the
necessary transactions.
You must also provide one of the following

documents as proof of death:
the vehicle registration;

the Declaration of Transfer of Ownership
following Death, duly completed;
and one of the following documents:

The Declaration of Transfer of Ownership

following Death form is available on the
Socits website and at its service outlets.
The addresses and phone numbers of the
service outlets are listed in the gouvernement
du Qubec pages of the telephone book.


Website
Telephone

newspaper;


burying a person.
www.saaq.gouv.qc.ca
Qubec area: 418-643-7620
Elsewhere in Canada and the United
States: 1-800-361-7620
You must also provide one of the following:
the new owners drivers licence;

the original of the new owners birth certificate issued by the Directeur de ltat civil,
indicating the names of the new owners
father and mother;
proof of the new owners identity (e.g.

health insurance card).
39
Disabled parking permit

If the deceased had a disabled parking
permit, you must return the permit to
the Socit de l'assurance automobile du
Qubec by mail, with a note saying that
the permit holder has died. You must
enclose one of the following documents:


newspaper;


burying a person.
Send the permit and document to:

Vignettes de stationnement
pour personnes handicapes
Socit de lassurance automobile
du Qubec (ACT 6630)
Case postale 19850, succursale Terminus
Qubec (Qubec) G1K 8Z4
Loans and bursaries program

and loans program for parttime studies
If the deceased was receiving financial
assistance under the Loans and Bursaries
Program or the Loans Program for PartTime Studies, you must report the death
to Aide financire aux tudes as well as to
the financial institution with which the
student loan was contracted.
You must submit to Aide financire

aux tudes the Declaration of Change
Student form if the deceased was receiving
financial assistance under the Loans and
Bursaries Program, or the Part-Time
Studies Loan Application Update form
if the deceased was receiving financial
assistance under the Loans Program
for Part-Time Studies, duly completed
and accompanied by the required proof
of death. On each of the documents
submitted, indicate the deceaseds name
and his or her permanent code.
You must notify Aide financire aux
tudes of the persons death regardless of
whether or not the deceased had begun
paying back his or her student loan.
For more information, contact Aide
financire aux tudes.
Aide financire aux tudes
Ministre de lEnseignement suprieur,
de la Recherche et de la Science
1035, rue De La Chevrotire
Qubec (Qubec) G1R 5A5
Website
www.afe.gouv.qc.ca
Telephone
Qubec area: 418-643-3750

Social Assistance and Social

Solidarity programs
If the deceased was receiving last resort
financial assistance, the liquidator of the
succession must immediately inform the
local employment centre of the persons
identity and date of death. The liquidator
must also return the cheque for the month
following the death to the ministre de
lEmploi et de la Solidarit sociale. If you
completed the Application for the simplified forwarding of information relative
40
to the death, at the time of death, the

Directeur de ltat civil will provide the
ministre de lEmploi et de la Solidarit
sociale with the information concerning
the death in order to simplify the
processing of the deceaseds file. If overpayments were made to the deceased, the
liquidator of the succession must contact
the Ministres Centre de recouvrement.
If the recipient was living alone, the
Ministre will cease paying benefits as
soon as it is informed of the recipients
death. If the recipient was part of a family,
the benefits will continue to be paid for
the three months following the date of
death. Where applicable, the Ministre
will calculate the new amount of benefits
payable.
ministre de lEmploi et de la Solidarit
sociale.
Website
www.mess.gouv.qc.ca
Telephone
Qubec Parental Insurance

Plan
In the event of death of a person who was
receiving maternity, paternity, parental
or adoption benefits under the Qubec
Parental Insurance Plan (QPIP) or of
the persons child, you must inform the
QPIPs customer service centre, in case
the death changes the amount of benefits
payable or means that benefits will cease
to be paid.
If you completed the Application for
the simplified forwarding of information relative to the death, at the time of
death, the Directeur de ltat civil will
provide the ministre de lEmploi et
41
de la Solidarit sociale with the information concerning the death in order

to process the deceaseds file under the
QPIP. Nevertheless, you must contact the
Ministre to find out what other formalities must be performed in connection
with the death. The Directeur de ltat civil
automatically informs the Ministre of the
death of a child under the age of 1.
For more information, contact the QPIPs
customer service centre.
Telephone
Toll free: 1-888-610-7727
Shelter Allowance Program

In the event of death of a person who was
receiving financial assistance under the
Shelter Allowance Program, you must
notify Revenu Qubec and provide it
with proof of death. If the recipient was
living alone, the allowance will cease to
be paid the month following the death.
If the recipient had a spouse who was
living in the same dwelling, the spouse will
continue to receive the allowance until the
end of the programs fiscal year, unless the
spouse requests a review.
Z Note
For the purposes of the Shelter Allowance
Program, the fiscal year begins on
October 1 and ends on September 30 of the
following year. Any change in your family
situation may warrant a new application.
Tax credit for childcare

expenses
You must inform Revenu Qubec of
the death of a person who was receiving
advance payments of the tax credit for
childcare expenses or of the persons

child. That way, you will avoid having to
reimburse payments made after the death.
Since the payments are made by direct
deposit, they will be cancelled.
If the recipient's spouse dies, the recipient
Tax credit for home-support

services for seniors
Work premium and adapted

work premium
When an older person dies, Revenu

Qubec stops payments of the tax credit
for home-support services (if the person
was living alone) or adjusts them (if the
person was living in a conjugal relationship with a person eligible for the tax
credit). As liquidator of the succession,
you must inform Revenu Qubec of the
date of death of the recipient or the recipients spouse as soon as possible to prevent
an overpayment that will have to be repaid
and to ensure that the surviving spouse
continues receiving advance payments.

of a person who was receiving advance
payments of the work premium or the
adapted work premium, you must notify
Revenu Qubec of the persons death as
soon as possible.
Solidarity tax credit

of a person who was receiving the solidarity tax credit, you must inform Revenu
Qubec of the persons death. If the
deceased was living alone, the payments
will cease the month following the death.
must complete the Notice of Change in

Situation Solidarity Tax Credit form
(TP-1029.CS.3) and send it to Revenu
Qubec.
If you receive one of these premiums and

your spouse dies, you must notify Revenu
Qubec of the death, as the amount of the
premium is calculated on the basis of your
family situation.
For more information on the Shelter
Allowance Program, the tax credit for
childcare expenses, the tax credit for
home-support services for seniors, the
solidarity tax credit or the work premium
tax credit, contact Revenu Qubec.
Website
www.revenuquebec.ca
Telephone
If the solidarity tax credit is paid to

a couple and one of the spouses dies,
proceed as follows:
Qubec area: 418-659-6299

If the recipient dies, his or her spouse
Regular mail
must claim the credit again by completing

Schedule D Solidarity Tax Credit and
sending it with the Request for an
Adjustment to an Income Tax Return form,
along with the other required documents,
to Revenu Qubec;
Montral, Laval, Laurentides,

Lanaudire and Montrgie
Revenu Qubec
C. P. 3000, succursale Place-Desjardins
Montral (Qubec) H5B 1A4
42
Qubec and other regions

Revenu Qubec
3800, rue de Marly
Support-payment collection
program
If the deceased was receiving or making
support payments or was the child in
respect of whom such support was being
paid, you must, as liquidator of the succession, notify Revenu Qubec of the death
and submit the death certificate and the
documents proving you are the liquidator.
Under the support-payment collection
program, Revenu Qubec may recover
amounts due up until the day of death.
Moreover, death does not cancel the debtors obligation of support toward family
members in need. See Obligation of
support toward family members in the
Steps to settle a succession section of this
guide.
Direction du centre des relations avec
la clientle des pensions alimentaires de
Revenu Qubec.
Website
www.revenuquebec.ca
Telephone
Qubec area: 418-652-4413

If you mail the documents, send them to:
Qubec
Direction du centre des relations avec la
clientle des pensions alimentaires
Revenu Qubec
3800, rue de Marly, secteur 1-1-1
43
Montral
Direction du centre des relations avec la
clientle des pensions alimentaires
Revenu Qubec
2e tage
577, boulevard Henri-Bourassa Est
Montral (Qubec) H2C 1E2
Pensions paid by the Rgie

des rentes du Qubec
If the deceased was receiving a retirement
pension, a surviving spouses pension or
a disability pension from the Rgie des
rentes du Qubec and the death occurred
in Qubec, you do not have to notify the
Rgie. The Directeur de ltat civil automatically notifies the Rgie of deaths that
occur in Qubec and are entered in the
Qubec register of civil status.
However, if the death occurred outside
Qubec, you must notify the Rgie as
soon as possible. As a close relative of the
deceased, you may be entitled to survivors
benefits. For more information, see the
Financial assistance to survivors and
leave section in this guide.
Child assistance and the

supplement for handicapped
children
If your spouse or child dies, it could
affect the amount of your child assistance payment. The Rgie determines
the amount of the payment on the basis
of family income, conjugal status and
number of dependent children, regardless of whether the children are in sole or
shared custody.
If the deceased was receiving child assistance or the supplement for handicapped
children, the payments will cease. The

person who becomes responsible for
the child or children must file a new
application.
The Directeur de ltat civil automatically
notifies the Rgie des rentes du Qubec
of deaths that occur in Qubec and are
entered in the Qubec register of civil
status. If the death occurred outside
Qubec, you must notify the Rgie as soon
as possible.
For more information, see the Death
section of the Rgie des rentes du Qubec
website at www.rrq.gouv.qc.ca.
Pension from a foreign

country
If a person receiving a pension paid by a
foreign body dies, you must contact the
Bureau des ententes de scurit sociale
at the Rgie des rentes du Qubec. The
Bureau is responsible for the application of
social security agreements signed between
Qubec and certain foreign countries.
If you need to terminate a pension paid
by a foreign body that has signed a social
security agreement with Qubec, you must
notify the body and provide proof of the
beneficiarys death.
For more information, call the Bureau des
ententes de scurit sociale at the Rgie
des rentes du Qubec at 1-800-565-7878,
ext. 7801, or 514-866-7332, ext. 7801.
Transfer of savings and

retirement products offered
by pargne Placements
Qubec
If the deceased owned savings products
offered by pargne Placements Qubec,
the liquidator of the succession must call
pargne Placements Qubec to inform
it of the death. The liquidator must also
provide the original or a certified true copy
of the requested documents (will, proof
of death, marriage contract containing
a testamentary clause or a declaration of
heredity, and will search certificates) in
order to transfer the deceaseds savings
products. The documents will allow for
the transfer of the funds to the succession,
an heir or a legatee by particular title. The
original documents will subsequently be
returned to you.
Z Note
A certified true copy is a copy of the original document received from the notary or
from a lawyer, or a copy made by pargne
Placements Qubec or a financial institution with the institutions seal on it (or the
commissioner of oaths seal), the date the
copy was made and the signature of the
person who made the copy.
For more information, contact pargne
Placements Qubec.
333, Grande Alle Est
Qubec (Qubec) G1R 5W3
Z Note
Depending on your situation, you may be
entitled to a surviving spouses pension, a
death benefit or an orphans pension.
Website
www.epq.gouv.qc.ca
Telephone
Throughout Canada and the United States:

1-800-463-5229
44
Licence from the Rgie du

btiment du Qubec
If the deceased was the officer or guarantor of a construction company and the
company is the holder of a contractors or
owner-builders licence, you must inform
the Rgie du btiment du Qubec of the
death. However, if you completed the
of information relative to the death, at the
time of death, the Directeur de ltat civil
will notify the Rgie about the death on
your behalf.
For more information, contact the Rgie
du btiment du Qubec.

ministre des Forts, de la Faune et des
Parcs.
Direction des affaires lgislatives
et des permis
Ministre des Forts, de la Faune
et des Parcs
difice Bois-Fontaine, bureau RC 100
880, chemin Sainte-Foy
Qubec (Qubec) G1S 4X4
Website
www.mffp.gouv.qc.ca
Email
services.clientele@mffp.gouv.qc.ca
Telephone
Website
www.rbq.gouv.qc.ca
Email
drc@rbq.gouv.qc.ca
Telephone

Hunters or trappers
certificate
If the deceased was the holder of a hunters
or trappers certificate, you must return
the certificate to the Direction des affaires
lgislatives et des permis of the ministre
des Forts, de la Faune et des Parcs. You
must attach the death certificate issued by
the Directeur de ltat civil. If the person
died as a result of a hunting accident, you
may be entitled to an indemnity. See the
Financial assistance to survivors and
leave section of this guide.
45
LIST OF USEFUL DOCUMENTS FOR THE SETTLEMENT OF A SUCCESSION

Documents relating to funeral wishes
FF
Prearranged funeral services contract

and prepurchased burial contract
FF
Document stating funeral wishes
FF
Funeral bill and invoice

attesting to payment
Legal documents
FF
Residential lease
FF
Will search certificates from

the Chambre des notaires and
the Barreau du Qubec
Administrative documents (cards,

permits, licences, certificates)
FF
Health insurance card

(No. __________________________)
FF
Social insurance card

(No. __________________________)
FF
Permanent resident card
FF
Credit cards
FF
Debit cards
FF
Birth certificate (issued after 1994)
FF
Certificate authorizing the distribution of property (Revenu Qubec)
FF
Certificate or judgment of adoption
FF
Marriage, civil union or de

facto union contract
FF
Group insurance certificate
FF
Firearm registration certificate
FF
Declaration of heredity
FF
Vehicle registration
FF
Declaration of dissolution of a civil union
FF
Certificate of citizenship
FF
FF
Declaration of dative tutorship (tutor

to a child under 18 years of age)
Certificate of competency
(construction workers)
FF
FF
Divorce decree or decree of separation
FF
Support judgment
Death certificate and copy of

the act of death, issued by the
Directeur de ltat civil
FF
Declaratory judgment of death

(disappearance of a person)
FF
Clearance certificate
(Canada Revenue Agency)
FF
Acquittance
FF
Certificate of divorce
FF
Coroners report
FF
Certificate of location
FF
Renunciation of a succession
FF
Hunters or trappers certificate
FF
Renunciation of the family patrimony
FF
Recent government correspondence
FF
Application for the probate of a will
FF
Passport (Service Canada)
FF
Will, codicils
FF
Security guard licence
FF
Titles of ownership (principal

residence, secondary residence,
rental building, land, etc.)
FF
Drivers licence
(No. __________________________)
FF
Gun permit (Sret du Qubec)
FF
Disabled parking permit
FF
Visa
List of useful documents for the settlement of a succession
46
Financial documents
FF
Statements of shares held in a

private company and investments
FF
Statements of remuneration
FF
Document relating to a safety

deposit box (no., keys)
FF
Document relating to a trust account
FF
Notice of liquidators final account
FF
Instalment contract
FF
Vehicle purchase or lease contract
FF
Automobile insurance contract
FF
Mortgage contract
FF
Warehouse rental contract
FF
Trust income tax return

(Revenu Qubec)
FF
Income tax return for the year prior

to death (Canada Revenue Agency)
FF
Income tax return for the year

prior to death (Revenu Qubec)
and supporting documents
FF
Investment certificates
FF
Bills to be paid out of the succession (notary, accountant, etc.)
FF
Bills from service providers, e-bills,

preauthorized payments (phone
bill, Internet, Hydro-Qubec, etc.)
FF
Inventory of all belongings
FF
Bankbooks
FF
Savings bonds
FF
Insurance policies (life,

home, legal, etc.)
FF
Appraisal report (jewelry, collections,

works of art, etc.)
FF
Acknowledgment of debts (IOUs)

and other debt securities
FF
Statement of contributions issued by

the Commission administrative des
rgimes de retraite et dassurances
47
FF
Statement of contributions from

the Rgie des rentes du Qubec
FF
Statement of school, municipal taxes
FF
Statement for the account opened at a

financial institution for the purposes
of the succession
(account No. ___________________)
FF
Statements of account for registered retirement savings plans

(RRSPs) or registered education savings plans (RESPs) and
other financial investments
List of useful documents for the settlement of a succession
CHECKLIST IN THE EVENT OF DEATH

Note
The following list does not necessarily include all the steps, programs and services that
apply to your situation. The information provided has no legal value.
When a loved one dies, there are several steps that must be taken. Below is a checklist that
covers most of them. Note that the order in which the steps are taken may vary depending
on your personal situation, if you are a surviving spouse, the liquidator of the succession
or an heir.
General information
Funeral services and burial contract
FF
Select a funeral home and make arrangements for the funeral (check with loved ones
to see if the deceased opted for prearranged funeral services and prepurchased burial
contract).
FF
Pay the funeral expenses and keep the receipts; where applicable, apply to the Rgie
des rentes du Qubec for the death benefit.
Leave of absence in the event of death

FF
Notify your employer of your absence.
Proof of death
FF
Sign the declaration of death and complete the Application for the simplified
forwarding of information relative to the death in the presence of the funeral director.
With this form, you can notify up to nine departments and bodies of the persons
death in one step through the Directeur de ltat civil. It also saves you from having
to supply them with a death certificate as proof of death.
FF
Complete the request for a death certificate and copy of an act of death and then send
it to the Directeur de ltat civil (official proof of death is required in order to open
the succession).
FF
However, if the death occurred outside Qubec, you can request that the act of death
made outside Qubec be inserted in the Qubec register of civil status.
FF
In certain specific cases, obtain a declaratory judgment of death from a court.
Health insurance card

FF
Give the deceaseds health insurance card to the funeral director, after writing down
the card number; if the person died outside Qubec, contact the Rgie de lassurance
maladie du Qubec.
FF
If you are a surviving spouse, verify whether you have to register with the Public
Prescription Drug Insurance Plan. To that end, the questionnaire Check your situation
is available in the Prescription drug insurance section of the Rgie de lassurance
maladie website.
48
Checklist in the event of death
Will
FF
See if you can find a copy of the most recent will in the deceaseds personal effects or
safety deposit box.
FF
Where applicable, locate the marriage or civil union contract (surviving spouse
testamentary clause).
FF
If the will was not notarized, have a notary or a court probate the will (see Probate of
a will in the Steps to settle a succession section of this guide).
FF
In the absence of a will, ask a notary to prepare a declaration of heredity, if necessary.
Liquidation of the succession

FF
Register the name of the liquidator or the liquidators replacement in the register of
personal and movable property rights (RDPRM) using the General Application for
Registration form.
FF
Submit a request for a will search to the Chambre des notaires (Registres des
dispositions testamentaires et des mandats) and the Barreau du Qubec (registers of
wills and mandates of the Barreau du Qubec) to obtain the two will search certificates needed to liquidate the succession. This step is mandatory for all successions.
FF
Assemble all important documents: titles of ownership for movable and immovable
property, bank statements, savings certificates and other financial documents (document relating to a safety deposit box).
FF
Verify whether the deceased had life insurance and notify the insurance companies
of the death.
FF
Close the deceaseds bank accounts, cancel the deceaseds credit cards, check to see
if any bills were paid by preauthorized withdrawal and terminate the withdrawals.
FF
Identify the heirs and contact them.
FF
Notify Revenu Qubec of the death and send it the required documents.
FF
Collect all of the documents needed to draw up the inventory of property (statements
of remuneration, documents relating to pensions, invoices, accounts payable, titles of
ownership for immovables or businesses, mortgage certificate, acknowledgement of
debts, documents relating to savings accounts, investment certificates, etc.).
FF
Recover any sums of money owed to the deceased.
FF
Determine the deceaseds obligations, such as accounts payable; note that certain
debts, such as legal fees, income taxes and municipal taxes, must be paid first.
FF
If the deceased had a legal spouse, settle the matters of family patrimony and
matrimonial or civil union regime. In certain cases, the succession may grant a
compensatory allowance to the surviving spouse, or support payments if the deceased
had an obligation of support towards the former spouse or children.
FF
In cases where the family patrimony is renounced, complete the Application for a
matrimonial registration so that the renunciation will be published in the RDPRM.
49
FF
Draw up an inventory of the deceaseds property and debts; once the inventory is
complete, a notice of closure of inventory must be registered in the RDPRM using
the General Application for Registration form in order to notify people interested
in the succession of the place where the inventory can be consulted. The notice of
closure of inventory must be placed in a newspaper published in the locality of the
deceaseds last known address.
FF
Once the debts of the succession and legacies by particular title have been paid,
the liquidator must submit a report (final account). A notice of closure of
the liquidators account must be registered in the RDPRM using the General
Application for Registration form.
FF
Open a bank account for the purposes of the succession; this will make it possible to
cash cheques issued in the successions name. You will require the death certificate
and the two will search certificates.
FF
Notify the landlord if the deceased was a tenant (cancellation or modification of the
lease).
FF
Have the deceaseds mail forwarded to the liquidators address (Canada Post).
FF
File the deceaseds personal income tax returns (TP-1-V) (Revenu Qubec) and
(T1) (Canada Revenue Agency) and indicate that the person has died (verify the
time limits depending on the date of death and pay any balances owing); file the
deceaseds trust income tax returns (TP-646-V) (Revenu Qubec) and (T3) (Canada
Revenue Agency).
FF
Complete the Notice Before Distribution of the Property of a Succession form

(MR-14.A-V) (Revenu Qubec) and the Asking for a Clearance Certificate form
(TX19) (Canada Revenue Agency) to obtain the certificates authorizing the distribution of the property.
FF
Check the register of unclaimed property maintained by Revenu Qubec and available
on its website at www.revenuquebec.ca.
FF
Where applicable, notify Service Canada of the death (Old Age Security pension,
income tax return, Canada Child Tax Benefit, social insurance card, passport, firearms
permit, etc.).
FF
Once the succession has been accepted, distribute the property and money to the
heirs (heirs of a legacy by particular title, heirs of a sum of money, heirs according to
the order indicated in the will or in accordance with the law).
FF
Have a notary transfer ownership of immovables. The notary will draft the
declaration of transmission for real property attesting to the transfer of the titles of
ownership to the heirs and make sure the necessary information is entered in the
Qubec land register.
FF
Notify the Curateur public du Qubec if a person under 18 years of age receives an
inheritance worth more than $25 000.
FF
Close the bank account opened for the purposes of the succession.
50
Successors
FF
Accept or refuse the succession within six months from the publication of the
liquidators inventory; the heirs are entitled to the benefit of inventory (assessment of
the successions property and debts).
FF
In the event of refusal, sign an act before a notary and have the renunciation of the
succession or renunciation of the legacy recorded in the RDPRM using the General
Application for Registration form.
Where applicable, notify the following gouvernement du Qubec departments and bodies of the
persons death:
FF
Aide financire aux tudes (see p. 40)
FF
Curateur public du Qubec (see p. 27)
FF
Rgie de lassurance maladie du Qubec (see p. 37)
FF
Rgie des rentes du Qubec (see p. 30)
FF
Rgie du btiment du Qubec (see p. 45)
FF
Revenu Qubec (see pp. 41, 42, 43)
FF
Ministre de lEmploi et de la Solidarit sociale, for the Qubec Parental Insurance

Plan (see p. 41)
FF
Ministre de lEmploi et de la Solidarit sociale, for the Social Assistance and Social
Solidarity programs (see p. 40)
Apply for pensions, annuities and other survivor benefits:

FF
Apply to the Rgie des rentes du Qubec for survivor benefits: death benefit, surviving
spouses pension, orphans pension (see pp. 30, 31, 32).
FF
Apply for the pensions, annuities and other survivor benefits paid for deaths
stemming from an automobile accident, an industrial accident or occupational
disease, a crime, an act of good citizenship, or a hunting or trapping accident (see
pp. 33, 34, 35).
FF
Notify the administrator of the pension plan(s) in which the deceased participated
(supplemental pension plans [pension funds]) (see p. 35).
Cancel cards, permits, licences, certificates, etc.:

FF
Cancel the deceaseds drivers licence, vehicle registration and disabled parking
permit and transfer vehicle ownership to an heir or a legatee, as the case may be.
FF
Transfer savings and retirement products from pargne Placements Qubec, Qubec
Savings Bonds, investment certificates, etc.
FF
Return the hunters or trappers certificate, by mail, to the ministre des Forts,
de la Faune et des Parcs.
FF
Notify service providers and financial institutions of the death (current accounts,
safety deposit box, credit cards, debit cards) and provide the required proof of death,
as the case may be.
51
SERVICES FOR THE DEAF OR THE MUTE

The following numbers are reserved exclusively for deaf or mute persons who use a teletypewriter (TTY).
Services Qubec and the Directeur de l'tat civil

Office des personnes handicapes du Qubec

Qubec area: 418-643-1599 or 1-888-643-1599

Trois-Rivires area: 819-371-6926 or 1-888-371-6926

Qubec area: 418-682-3939

Revenu Qubec


Socit de lassurance automobile du Qubec


QUBEC PORTAL
For more information on government programs and services, visit the Qubec Portal at
www.gouv.qc.ca. You can also reach a Services Qubec employee by calling:
Qubec area: 418-644-4545
52
Services for the deaf or the mute
USEFUL DEFINITIONS
The general definitions below are intended to familiarize you with some of the terms
used in this guide. They have no legal value. You must verify with each government
department or agency to find out the definitions specific to each program and the
eligibility criteria.
Acquittance
Curator
A written statement in which a creditor

declares that a debt has been paid.
A person who is appointed to administer

the property of and take care of a person
18 years of age or over who has been
declared totally and permanently incapacitated by the court.
Benefit
A payment made, in particular under a
program or plan.
Bequeath
To give by will in anticipation of death.
Burial
The act of placing a dead person in the
ground.
Civil union contract

A notarized contract made before the
solemnization of the civil union of two
persons.
Codicil
An addition or a modification to a will
after it has been written. The codicil does
not invalidate the will.
Columbarium
A building with recesses in which funerary
urns are placed.
Compensatory allowance
An amount paid to one of the spouses to
compensate for his or her contribution to
the enrichment, in property or services, of
the other spouses patrimony.
Coroners office
The body that investigates the causes
of and circumstances surrounding a
death when they are unexplained or
questionable.
Creditor
A person to whom a sum of money is
owed.
Creditor of support
Curatorship
The legal authority given to a person or
body to assist a person 18 years of age or
over who has been declared incapacitated,
and to administer his or her property.
Damage
The harm caused to a person.
De facto spouse
A person living in a conjugal relationship
with another person without the commitment of marriage or civil union.
Debtor of support
A person who must pay support.
Embalming
A series of procedures to improve the
appearance and preserve the body of a
deceased person for visitation purposes,
before it is cremated or buried.
Family patrimony
Certain property provided for by law
that is acquired by married or civil union
spouses for the usual needs of the family.
Funeral
A farewell ceremony in homage to a
deceased person.
Funeral rite
A tradition or rite surrounding death.
Indemnity
A sum of money serving as compensation
for damage sustained.
A person to whom support is owed.
Useful definitions
53
Inheritance
Pension
All of the property and assets from a

succession.
The annual income paid under a public or

private program or plan.
Legal heir
Person of full age
A person who has a right to an inheritance

and accepts it in accordance with the law.
A person 18 years of age or over.
Legal spouse
The property and liabilities left by a

deceased person, to be distributed as
stipulated by law or a will.
A spouse recognized by the Civil Code of

Qubec as a result of marriage or a civil
union.
Legatee by particular title

A person to whom money or property is
bequeathed by means of a will.
Liquidation of a succession
An operation that consists in identifying
and contacting the successors, determining the content of the succession,
recovering money owed to the succession, paying the successions debts, paying
legacies by particular title, submitting a
report and distributing the property.
Liquidator of a succession
The person designated to liquidate a
persons succession.
Marriage contract
A notarized contract made before the
solemnization of the marriage of two
persons.
Mausoleum
Funerary building enclosing caskets that
are not interred. Note that certain mausoleums have a section where funerary urns
can be stored.
Minor
A person under 18 years of age.
Obligation of support
A mutual obligation imposed by law on
certain persons (relatives in the direct line
in the first degree, married or civil union
spouses), under which one may claim the
support necessary for his or her subsistence (food, housing, clothing, health care,
etc.) from the other.
54
Useful definitions
Succession
Successor
A person entitled to inherit who has not
yet accepted the succession.
Survivor
A person who outlives another person.
Testator
A person who makes a will or has one
made.
Trust
A legal regime under which property
constitutes a separate patrimony held by
one person on behalf of another.
Tutor
A person responsible for administering
the property and exercising the civil rights
of a person of full age declared partially or
temporarily incapacitated by the court.
Tutor to a minor
A person of full age who is responsible
for ensuring the protection of a minor,
administering the minors patrimony and
exercising the minors civil rights.
Tutorship
The legal authority to protect a minor or a
person of full age with disabilities.
Will
A document by means of which a person
bequeaths his or her property and makes
known his or her last wishes in the event
of death.
NOTES
NOTES
NOTES
Have you
lost a
loved one?
DiD he have a notarizeD will?

with more than 7 million will inscriptions,
the Chambre des notaires can confirm:
the existence of the last notarized will
the date on which the will was created
the name and the coordinates of the notary who has the act
The Register of Testamentary Dispositions was created

by the Chambre des notaires to simplify the search of
a notarized will.
For more information:

514-879-2906
1-800-340-4496
registre@cnq.org
www.cnq.org
PSQ-109A (2015-04)

What To Do in The Case of Death (In Quebec)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

What To Do in The Case of Death (In Quebec)

Uploaded by

Copyright:

Available Formats

WHAT TO DO

Trust the guidance of

When you lose a loved one, trust the guidance

A gouvernement du Qubec publication

Planning in the event of death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Steps to settle a succession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Indemnities in the event of a hunting or trapping accident . . . . . . . . . . . . . . . . . . . . 35

Changes, transfers and cancellations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

THE EVENT OF DEATH

Contracts for prepurchased

and burial contracts. They must deposit

Qubec area: 418-643-1484

Planning in the event of death

Whole body donation to an

555, boulevard Wilfrid-Hamel Est

You may decide that, after your death,

If you wish to donate your body to science,

Qubec area: 418-529-9679

Organ and tissue donation

Registers of consent to organ and

To enter your consent in the Registre des

Planning in the event of death

consent form for a child under 8 years of

The completed form must be sent to the

CHAMBRE DES NOTAIRES

To enter your consent in the Registre

To indicate your consent, you may also

Throughout Qubec: 1-877-463-6366

Qubec area: 418-646-4636

Montral area: 514-879-1793

Planning in the event of death

savings bonds, etc.) and of your debts

A will is an official document that enables

will or a will made in the presence of

Planning in the event of death

notaires. The advice of a notary can be

A holograph will is the simplest form of

Will made in the presence of witnesses

Like a holograph will, a will made in the

In the case of a will written by hand by

Will in a marriage or civil union contract

Some marriage or civil union contracts

Planning in the event of death

For more information, contact the ministre

Qubec area: 418-643-5140

the Declaration of Dative Tutorship form,

600, boulevard Ren-Lvesque Ouest

If you are the parent of a child under

Montral area: 514-873-4074

A tutor may be appointed in three different

Planning in the event of death

DECLARATION AND REGISTRATION

completes two copies of the attestation of

submits both copies to the funeral director

The funeral director:

gives the person declaring the death a

copy of the attestation of death and helps

Once the Directeur de ltat civil has

fills out and signs the section of the decla-

ration concerning the disposal of the

sends the attestation of death, the declara-

Application for the simplified

gives the person declaring the death a