Generally, a succession is considered unclaimed when there is no known successor or when it has not been claimed within 6 months following the person’s death. A succession is also considered unclaimed when all the successors have renounced the succession by a deed of renunciation signed before a notary or by judicial declaration.
Notices of quality
Upon receiving all the documents indicating that the succession is unclaimed, the Minister of Revenue must publish notices of quality.
Notices of quality are published in:
- the Gazette officielle du Québec;
- a newspaper of the locality where the person lived.
Since 2000, notices published are also available on the Revenu Québec website.
Liquidation of unclaimed property of a succession
Notices of quality allow the deceased person’s creditors to submit claims to the Minister of Revenue, whom then becomes the liquidator of the succession according to the Civil Code of Québec. The minister of Revenue sells the property of the succession at market value and, if possible, reimburses the creditors based on the priorities and the rank provided for in the Civil Code of Québec.
Once Revenu Québec has liquidated the succession, reimbursed the creditors, and collected the costs and fees, it tries to find the right-holders if the balance is positive.
Moreover, heirs who renounced the succession may retract their renunciation of the succession provided they do so within 10 years of the date of death. In such case, they must contact a notary who will draw up an act of revocation en minute, which will be entered in the register of personal and movable real rights.
If no successor retracts their renunciation of the succession, Revenu Québec hands the money over to the Minister of Finances.
Register of Unclaimed Property
The register of unclaimed property lists all the unclaimed successions administrated by the Minister of Revenue. After the liquidation of the succession, if its balance is positive, the amount is listed to the register.
Clientele
Successors, right-holders and creditors.
Requirements
Be a successor or a creditor to whom the deceased person had debt.
Since April 1, 2006, Revenu Québec has been the only agency responsible for recovering and administering unclaimed property.
