What Happens to a Property in the Absence of a Will?
If a deceased person didn’t leave a will, who is the owner of that person’s property?
Who is the owner of a property belonging to a deceased person who did not leave a will ?
The answer: the person's legal heirs. In other words, you must be related to or married to the deceased. The closest heir has priority over the others, but there are several other factors that must be taken into account before determining who is the legal heir (marriage, civil union, children, etc.). The provisions of the Civil Code of Quebec will apply in the absence of a will and will determine who the heirs are and how the property will be shared.
There are many rules governing the sale of a property that is part of an estate. Specific documents are required, such as the declaration of transmission. Numerous verifications are also required. Your broker will be able to help you with this delicate process.
Do you have to accept the succession?
No. If you are designated as an heir, you have the choice of accepting or refusing the succession within six months. Ask your real estate broker for more information about the procedures surrounding property inheritance. How much do you know about real estate? Take this quiz!