---
title: "Succession in Québec: steps and watchpoints | NotarIA"
description: "Opening (art. 613 C.c.Q.), devolution (art. 783), will search, debts, partition: the watchpoints of a Québec succession — and what NotarIA checks."
url: "https://notaria.solutions/en/features/acts/succession"
locale: "en-CA"
type: "acte"
section: "Act type"
published: "2026-07-19"
updated: "2026-07-19"
author: "NotarIA Team"
reading_time: "7 min read"
fidelity: "exact"
generator: "notaria-markdown/1"
---

# The succession, verified step by step.

In Québec, a succession opens at the deceased's death, at their last domicile (art. 613 C.c.Q.), and devolves under their will or, failing one, under the law (art. 783 C.c.Q.). The notary verifies the will search, the heirs' status and the payment of debts before any partition; NotarIA cites every finding.

## The essentials

A succession is the patrimony of a deceased person — property, rights and debts — transmitted to their heirs. It opens at death, at the deceased's last domicile (art. 613 of the Civil Code of Québec). Who inherits, and in what share, is the devolution: governed first by the will when one exists; failing one, the law designates the heirs and sets their shares (art. 783 C.c.Q.).

Settling the succession falls to the liquidator — formerly called the "estate executor" — who identifies the heirs, draws up the inventory, pays the debts and then delivers the property. In practice, the notary first orders a search of the will registers (Chambre des notaires, Barreau du Québec), to make sure no more recent will changes the picture. The following is informational; every file has its own features, and the notary remains the heirs' adviser.

## Watchpoints

Five reflexes that protect the heirs — and the liquidator.

- **The will search** — Before concluding on the heirs' status, the will registers are generally checked: a more recent will can change the entire devolution.
- **The heirs' status** — Who are the heirs, under the will or the law? The notary generally establishes this through a notarized declaration of heredity — the cornerstone of the file.
- **The inventory** — Property and debts as at the date of death: an incomplete inventory distorts the partition and exposes the liquidator.
- **Debts before partition** — The liquidator pays the succession's debts before delivering the property to the heirs; partitioning too early can engage the liquidator's liability.
- **Deadlines** — Renunciation, creditors' claims, the deceased's tax obligations: some deadlines run fast and vary by file — the notary tracks them.

## What the copilot checks

On a declaration of heredity, a partition act or a closing notice, the copilot re-reads the act like a vigilant peer.

- **Missing clauses by act type** — The draft is compared to the requirements of the "estate" act type; omissions are flagged.
- **Outdated references** — Repealed or replaced articles cited in the act are spotted, with the current reference.
- **Inconsistencies** — Gaps between the file's documents — heirs' identities, shares, property concerned — flagged for review.
- **A cited finding — the notary decides** — Every finding is cited to its source and graded by severity; the notary confirms, rejects or finalizes. Never the AI.

## Frequently asked questions

### Is a will required to settle a succession?

No. Without a will, the law designates the heirs and sets their shares (art. 783 C.c.Q.). In practice, the absence of a will often complicates the liquidation; the notary supports the heirs at every step.

### Can the property be partitioned before the debts are paid?

Generally not: the liquidator pays the succession's debts first, then delivers the property to the heirs. Hasty partition can engage the liquidator's liability; the details vary by file — your notary will confirm the exact order.

### How does the notary verify the heirs' status?

Generally through a search of the will registers, followed by a notarized declaration of heredity made on the declarations of well-informed persons. For information only: the exact checks depend on the file.

## Your estate files, with no blind spots.

Request a demo: the copilot re-reads your succession acts before signing.

## See also

- [The compliance copilot](https://notaria.solutions/en/features/compliance-copilot)
- [Glossary of Québec notarial law](https://notaria.solutions/en/glossary)
- [The inter vivos gift](https://notaria.solutions/en/features/acts/gift)
- [The marriage contract](https://notaria.solutions/en/features/acts/marriage-contract)

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Assistant — not legal advice. The notary reviews, signs and decides on every act.