If you are named as an heir of the deceased person, you may accept or refuse the succession. Generally speaking, an heir renounces a succession if the deceased’s total debts exceed the value of the property bequeathed. If you accept the succession, you may not subsequently change your mind. You must pay the debts up to a maximum of the value of the property that you inherit. If you renounce the succession, you must sign an act before a notary. You must make a decision within six months of the death.
A person who is entitled to a succession (known as a successor ) may renounce his or her right to inherit. The person has six months from the date of the testator’s death to accept or refuse the succession.
In order to make an informed decision and have a better idea of the solvency of a succession, it is wise for a successor to wait for the publication of the liquidator’s notice of closure of inventory, as it may reveal the existence of unknown property belonging to the succession or of unknown creditors.
The six-month period for accepting or refusing a succession may be extended in order to give the successor 60 days from the date of the notice of closure of inventory to make a decision.
Acceptance of a succession
When a successor accepts a succession, the successor becomes an heir and his or her heirship is irrevocable.
A person who accepts a succession should inform the liquidator. However, certain actions or omissions entail an acceptance of the succession, even without the successor’s formal agreement. Actions entailing such tacit acceptance include:
- failing to renounce the succession within the prescribed time;
- exempting the liquidator from making an inventory;
- mingling one’s own property with that of the deceased person;
- liquidating the succession without following the rules of the Civil Code of Québec .
Note
Certain actions taken with the agreement of all the successors do not automatically entail tacit acceptance of the succession:
- distributing the clothing, personal papers, medals, diplomas and family souvenirs of the deceased;
- selling perishables, giving them to charitable institutions or dividing them among the successors;
- selling property that is expensive to keep or likely to depreciate rapidly.
Heirs cannot be held liable for a deceased person’s obligations and debts in excess of the value of the property they receive. However, they are required to pay all of the deceased person’s debts in the following cases:
- they exempted the liquidator from making an inventory;
- they mingled the property of the succession with their own property between the date of death and the inventory;
- they neglected to act when the liquidator refused or neglected to make an inventory;
- they liquidated the succession without following the rules of the Civil Code of Québec , with the agreement of the other heirs.
Renunciation of a succession
Successors usually renounce a succession if the deceased person’s debts exceed the value of the property bequeathed.
A successor is deemed to have renounced a succession in either of the following situations:
- the successor was unaware of his or her heirship and did not make it known within 10 years following the testator’s death;
- the successor abstracted or concealed property of the succession, in bad faith.
Successor
A person who has not yet decided whether to accept or renounce a succession. The person becomes an heir when he or she accepts the succession.
Succession
All of the property left by a deceased person to a natural or legal person.
Civil Code of Québec , 1991, chapter 64, art. 613 to 652 and 776 to 898
An Act respecting the Québec Pension Plan , R.S.Q., chapter R-9, art. 146
