When a deceased person owns a property, it must be transferred to the heirs. The declaration of transmission for a property aims to materialize the transfer of the right of ownership of a property upon death. This transfer becomes enforceable against third parties with the publication of this declaration.

This declaration takes the form of a notarial act. It must be published in the land registry. It identifies the deceased owner, the properties they owned at the time of their death, and the persons who will receive them.

If there are multiple heirs, it is advisable to publish an address notice for each of them so that they are notified if one of them's share in the property is subject to seizure.

No comprehensive search of the land registry will be conducted unless specifically requested by the heirs. Therefore, we only verify the property indexes for the property in question.

Required documents

• Death certificate issued by the Director of Civil Status
• copy of the will and codicil (for wills and codicils witnessed by others, proof of verification must be submitted to the Court or a notary) or declaration of legal heirs
• title of acquisition (e.g. sales deed*)
• certificate of location *(prepared by a land surveyor)
• for vacant land: up-to-date technical description (the technical description is a document prepared by a land surveyor)
• municipal tax accounts
• will search at the Chamber of Notaries of Quebec
• divorce decree of the deceased person/ contract of civil union dissolution
• fire insurance policy for providing notice to the insurer