Quebec
Do you need probate in Quebec?
Quebec works differently from the rest of Canada. As a civil-law province, it has no probate and no court grant. Instead, the estate is called a succession, and the person who settles it is the liquidator. The closest step to probate is will verification, and it is only needed for some types of will.
When is probate required in Quebec?
Probate is usually required when…
- The will is a holograph will — entirely handwritten and signed by the person, with no witnesses — which must be verified before it can take effect.
- The will was made in the presence of witnesses, typically typed and signed before two witnesses, which must also be verified.
- A non-notarial will is being challenged or contested — verification must then go through the Superior Court of Quebec rather than a notary.
- A non-notarial will needs to be acted on, since it is frozen and cannot produce effects until verified by the Superior Court of Quebec or a notary.
Probate is usually not required when…
- The will is a notarial will, received before a notary — it is an authentic act and takes effect immediately on death with no verification.
- There is no will at all, so the succession is settled under Quebec's legal devolution rules with no verification step.
- Life insurance or an annuity with a named beneficiary is involved — those proceeds pass directly to the beneficiary, outside the succession.
- The liquidator only needs to gather and settle assets, since liquidation itself happens outside court in the ordinary case.
Simplified small-estate process
Quebec does not have a separate simplified small-estate process. Estates use the standard application regardless of size.
Probate fees
There is no probate fee in the common-law sense. Where will verification is required, a court fee applies (a 2026 figure of about $243 is reported but UNCONFIRMED against the official tariff). A notary instead charges a professional fee to verify a non-notarial will.
Where to apply
Applications are made to the Superior Court of Quebec, or a notary. Identify the type of will. A notarial will takes effect immediately and needs no verification. A holograph will or a will made before witnesses must be verified by the Superior Court of Quebec or a notary before it can be acted on. With no will, the succession is settled under the rules of legal (intestate) succession. In all cases, do a will search through the Chambre des notaires and Barreau du Québec registers, then have the liquidator settle the succession.
Common questions about probate in Quebec
- What is will verification in Quebec?
- Will verification, or vérification du testament, confirms that a non-notarial will is genuinely the person's last will and is in valid form. It makes the will part of the public record and allows certified copies to be issued. It does not rule on the will's contents and does not prevent a later challenge. A notarial will needs no verification.
- Who settles an estate in Quebec?
- The liquidator settles the succession. This is Quebec's equivalent of a common-law executor. The liquidator searches for the will, makes an inventory, recovers and pays debts, files tax returns, obtains clearance certificates, and distributes the property. Most of this work happens outside court. The liquidator is usually named in the will, or chosen by the heirs.
- Does a notarial will need to be verified in Quebec?
- No. A notarial will is received before a notary as an authentic act and takes effect immediately on death. There is no court or notary verification step and no verification fee. This is the single biggest difference from a holograph or witnessed will, both of which must be verified before they can produce effects.
- What about joint accounts and registered plans in Quebec?
- Quebec does not recognize the common-law right of survivorship. A deceased co-owner's share of a joint account or property generally falls into the succession. Bank-held RRSPs, RRIFs and TFSAs also usually fall into the succession, since a beneficiary designation on the plan itself is normally not valid. Life insurance with a named beneficiary is an exception and passes outside.
Official sources
This page is general information about probate in Quebec, not legal advice. Estate law changes and is specific to each situation — confirm yours with a lawyer licensed in Quebec.