Do you live in Quebec? If you’re in Quebec, you must have heard about different kinds of legal processes. One of them is probate. Maybe you are hearing about it for the very first time. All the wills in Quebec must undergo a procedure called, ‘probate.’ There is an exception here like the notary wills.
If you wish to know about probate, this article will help you.
What’s a will probate?
Probate of a will is basically the legal procedure of making a will (non-notarial) official. It is an essential process for all the wills that aren’t signed in front of the Quebec notary.
Does a will require a probate process?
The types of will that may need an application for probate include will before a witness, will before an attorney, and a handwritten will (holographic).
How does probate solve your purpose?
A probate will do the following things:
- Confirms a will’s validity whether it is outlined by Quebec’s Civil Code.
- Establishes that the will was written by your loved one (the deceased).
- Obtains the true copies of the will
When is probate required?
If you have a notarial will, you wouldn’t need a probate. Please note that notarial wills are most common in Quebec. In case it is a handwritten will or something accepted in front of witnesses, you will need to opt for the probate process.
Who will handle the probate process?
The liquidator would apply for the probate judgment from Quebec court. In case there isn’t a liquidator, it will be handled by someone who is interested. A legal professional such as a lawyer or notary will take care of it.
You must note that a probate judgment from the Quebec court can only be issued by a notary or a superior court.
Do you need to hire a lawyer for the probate process?
Although you can handle it on your own, it is best to have lawyers from firms like avocat succession litvack dessureault LLP by your side.
In case you need help with the application, feel free to get in touch with an attorney in Quebec.
If you wish to avoid probate, it is best to create a notarial will. Handwritten wills or ones in front of an eyewitness would need a probate process.
Hire the best attorney to take care of this. Attorneys will make sure that everything runs smoothly.