Quebec handles estates differently from the rest of Canada, and that difference starts with the legal system itself. While most provinces operate under common law, Quebec follows the Civil Code of Quebec, which shapes everything from how a will is structured to what happens when someone dies without one.
How Quebec Treats Wills Under the Civil Code
Quebec recognizes three types of wills: notarial, holograph, and wills made in the presence of witnesses. A notarial will, prepared and signed in front of a notary, is generally considered the most secure option since it does not need to go through probate verification and is stored in the Register of Testamentary Dispositions. Holograph wills, written entirely by hand and signed by the testator, are valid in Quebec but must still be verified by a court after death, which adds time to the settlement process. Whichever form is used, the will names a liquidator, Quebec's term for what other provinces call an executor, who carries out the instructions and settles the estate.
What Happens With an Estate Without a Will in Quebec
When there is no valid will, an estate without a will in Quebec is distributed according to rules set out in the Civil Code rather than any personal wishes the deceased may have expressed informally. The surviving spouse and children generally receive priority, with specific shares divided depending on the family structure at the time of death. If there is no spouse or descendants, the code moves through a defined order of relatives, including parents and siblings, before more distant family members are considered.
Settling an intestate succession in Quebec also requires the court to appoint a liquidator, since there is no one already named to take on that responsibility. This step alone can add meaningful delays compared to an estate with a properly prepared will already in place.
Why Quebec's Approach Matters
Because Quebec's rules differ so significantly from the rest of Canada, families with property or ties across multiple provinces should be especially careful when planning an estate. Speaking with a notary or Quebec licensed estate lawyer is the clearest way to make sure a plan actually holds up under the province's specific legal framework.
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