Quebec Public Curator: role, estates and how to reach them

What is the Public Curator of Quebec?

The Public Curator of Quebec (Curateur public du Québec) is a provincial body created by the Public Curator Act (CQLR c. C-81). Its primary mission is to protect incapable persons — both adults and minors — who have no legal representative. The Public Curator always acts subsidiarily, meaning as a last resort when no one in the person’s circle is able or willing to take on the role.

The Public Curator (a provincial body) should not be confused with a private curator, which was historically a family member appointed by court order to represent an adult under curatorship. Following the reform enacted in 2020 and in force since June 2022, the curatorship regime for adults has been abolished in favour of more flexible measures such as tutorship and the assistance measure.

When does the Public Curator step into an estate?

The Public Curator can administer an estate in two main cases set out in the Civil Code of Quebec:

• No known accepting heir: when no known heir is identified or accepts the succession within the legal delays, the estate devolves to the State (arts. 696-702 CCQ).
• All heirs renounce: if every known heir renounces the succession, the estate also devolves to the State.

In both cases, the Public Curator acts as liquidator: it draws up the inventory of property, pays the debts and winds up what remains. Any funds left after settlement are held by the Public Curator and remain available to heirs who may come forward later, within the civil prescription periods.

The Public Curator may also be involved when a deceased person was under public tutorship at the time of death: it then transfers the accounts and assets to the liquidator designated by the succession.

Differences between Public Curator, liquidator and tutor

Three roles that are often confused:

• Liquidator of a succession: represents the estate after death. Designated by the will or, failing that, by the heirs or the court (art. 785 CCQ).
• Tutor: represents a minor or an incapable adult. For a minor, the tutor is by default the holder of parental authority; for an adult, the tutor is appointed by the court on recommendation of the tutorship council.
• Public Curator: a provincial body that intervenes subsidiarily, when no designated person is available to act as tutor or liquidator.

How to find out if the Public Curator is administering an estate

Several avenues are available:

• Direct request to the Public Curator: by phone, mail or online form via its official website.
• Notice of inventory at the RDPRM: if the estate is being administered, the notice of inventory published at the Register of Personal and Movable Real Rights generally indicates the name of the liquidator — which may be the Public Curator.
• Will search: a search at the will registry of the Chambre des notaires du Québec and the Barreau du Québec will confirm whether a will exists designating a liquidator — in which case the Public Curator does not intervene.

How to avoid the Public Curator stepping in

To ensure your estate is managed by someone you trust rather than the State:

• Make a notarial, witnessed or holograph will designating a liquidator of your choice.
• Failing a will, your legal heirs may designate a liquidator by unanimous agreement or by court application (art. 785 CCQ).
• Have your will registered at the will registry of the Chambre des notaires du Québec or the Barreau du Québec, to make the post-death will search reliable.

How to contact the Public Curator of Quebec

All official contact information, regional offices and forms are published on the Public Curator of Quebec website. The body accepts communications by phone, email and mail, in both French and English.