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In Quebec, records that are equivalent to probate records are part of the notarial records. This includes wills, inventories after death, and guardianship records. See Quebec Notarial Records and Canada Notarial Records.

Because of the involvement of Notaries in so many marriage contracts, land transfers and estates, wills and probate are of less importance in Québec genealogical research. Only the holograph wills and those signed before witnesses (called “English Form”) require “probate” by the Superior Court of the Judicial District in which the deceased person was domiciled. Probate documents should include the original will, certificate of death (Act of Civil Status), an “affidavit” attesting to the authenticity of the document’s writing or signatures, and proof that notice of probate has been sent to all heirs and successors.

In the mid-1990s the Québec Ministère de la justice issued a number of small brochures and booklets, “Your Rights at a Glance”/“Justice en bref”, of which “Successions” explains the process of Succession with a will and without a will, the role of the “Liquidator” or “testamentary executor”, and how, after 1961, to establish a will does, or does not exist:

It is preferable to contact the Chambre des notaires and the Barreau [Québec Bar Association] by telephone to obtain the form entitled Request for a search of will and to find out how to access the register of wills and how much the search will cost. Proof of death must be supplied.

As in other provinces, some older wills are found with land transfer documents.[1]

References

  1. Douglas, Althea. "Québec Probate and Legal Records (National Institute)," The National Institute for Genealogical Studies (2012), https://familysearch.org/learn/wiki/en/Qu%C3%A9bec_Probate_and_Legal_Records_%28National_Institute%29.

 

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  • This page was last modified on 7 August 2014, at 23:47.
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