Will search in Quebec: process, registers and cost

Why is a will search required?

Before an estate can be liquidated in Quebec, the last valid will of the deceased must be identified. Without that document, heirs risk liquidating an estate based on a will that was revoked by a more recent one.

The two professional bodies authorized to draft wills in Quebec — the Chambre des notaires and the Barreau — each maintain a register of testamentary dispositions. The search consists of querying both registers to confirm whether a will has been registered and, if so, by which professional.

Most financial institutions, the Public Curator and any professional supporting the liquidator will require the search before opening an estate account or transferring assets.

The two official registers in Quebec

Two distinct registers must be queried separately:

• Register of Testamentary Dispositions of the Chambre des notaires du Québec — lists all notarial wills and other testamentary dispositions registered by notaries since 1961.
• Register of Wills and Mandates of the Barreau du Québec — lists wills drafted by lawyers as well as some holograph or witnessed wills voluntarily deposited.

The two registers operate independently. A complete search therefore requires two requests, one to each register.

Important: these registers do not contain the text of the will. They only confirm that a will was registered and by whom. To obtain the contents, you must contact the notary or lawyer indicated in the search result.

How to request a will search

The request can be made by any person with a legitimate interest — a presumed heir, surviving spouse, designated liquidator, or a mandated professional (notary or lawyer). In every case, you must provide:

• Proof of death (copy of the death certificate issued by the Directeur de l’état civil du Québec, or a funeral attestation).
• The first and last name, date and place of birth, and date of death of the deceased.
• The request form proper to each register, duly completed.

Requests can be filed online via the official sites: Chambre des notaires and Barreau du Québec. Processing time is generally a few business days.

How much does a will search cost

Each register charges a search fee set by the relevant professional body. Current rates are published on the Chambre des notaires and Barreau websites and revised periodically.

For a complete search (both registers), budget the sum of both request fees. The search is not free, but the cost is deliberately modest to remain accessible to families.

What to do with the search result

The search result takes one of three forms:

• A registered will is found: the result indicates the name and contact information of the notary or lawyer who deposited it. You request an authentic copy from that professional.
• No will is registered: this does not necessarily mean there is no will. A holograph or witnessed will may exist without ever having been registered (registration is voluntary). You should then search through the deceased’s personal papers and ask close relatives.
• Several wills are registered: the most recent one prevails, unless otherwise indicated. The most recently registered notary or lawyer can confirm the chronology.

What if no will is found

When the search at both registers comes back negative and no holograph or witnessed will can be located in the deceased’s papers, the estate is said to be intestate. It is then devolved according to the legal rules set out in articles 666 to 695 of the Civil Code of Quebec, which establish the order of legal heirs (spouse, descendants, ascendants, collaterals).

In that case, no liquidator is designated by will: the heirs choose one by majority or, failing that, the court appoints one (article 785 CCQ).