A person who has rights in an estate has the option to accept or renounce that estate. This option can be expressed explicitly or implicitly. The heir must therefore be cautious and not take actions that could result in a tacit acceptance of the estate if their true intention is to renounce it, or if their decision has not yet been made.

Only purely conservatory, surveillance, and administrative acts can be carried out by an heir who wishes to renounce an estate. For example, temporarily managing a business or paying for an insurance policy on a property.

An heir who wishes to renounce an estate can, however, distribute the clothing, personal papers, decorations, diplomas, and family mementos of the deceased person if it is done with the agreement of all the potential heirs. However, valuable items (jewelry and collections) are part of the estate. Obtaining a receipt is necessary when clothing belonging to the deceased person is given to an association or organization.

If the estate includes low-value items that are likely to perish, these items can be sold by a potential heir, donated to charity organizations, or distributed among the heirs.

As for items that, without being perishable, are expensive to maintain or likely to quickly depreciate, they can be sold by a potential heir who will act as a custodian of someone else's property.

The Civil Code of Quebec provides a six-month period to take inventory of the estate, and potential heirs then have 60 days to accept or renounce the estate. A potential heir who does not renounce the estate within this timeframe will be presumed to have accepted it.

The renunciation of an estate must be expressed. This explicit renunciation takes the form of a notarial act or a judicial declaration.

The rules applicable to renunciation are stricter than those regarding acceptance. It should be noted, for example, that a minor, a protected adult, or an absent person can only renounce following the rules of the Civil Code of Quebec.

Required documents

• death certificate issued by the Director of Civil Status
• will searches with the Chamber of Notaries of Quebec and the Quebec Bar Association
• copy of the will and codicil
• marriage contract or divorce judgment