Losing someone is hard enough without discovering there's no will. If you've just learned that a parent or partner passed away and left nothing in writing, take a breath. This is more common than you'd think, and Quebec law has a clear default for exactly this situation.
This guide walks you through settling an estate without a will in Quebec: who inherits and in what shares, who's responsible for settling everything, the step-by-step process, how long it takes, and what it costs. We'll also cover a major 2025 change to the law that affects common-law couples, and how to handle all of this if you're managing it from another province.
You don't have to figure it all out at once. We'll take it one piece at a time, in plain language, so you can see the whole path before you take the first step.
What happens when someone dies without a will in Quebec?
When someone passes away without a will in Quebec, their estate becomes a legal succession (also called an intestate succession): the Civil Code of Québec decides who inherits and in what shares, and the heirs settle the estate together. There's relief in knowing the law already has an answer here. You're not making it up as you go.
In other words, the estate still gets settled in an orderly way. The difference is that the law, not a will, sets the rules, and those rules may not match what your family expected.
Legal succession vs. a will, in plain language
A will lets a person name their heirs, leave specific gifts, and appoint someone to settle their affairs. Without one, none of those personal choices exist on paper, so Quebec falls back on a fixed order of heirs and fixed fractions.
A succession is also considered "legal" if the person left a will that didn't cover everything they owned. In that case, anything left out of the will is distributed under these same intestate rules. So even a partial will can leave you settling part of the estate this way.
Who inherits when there's no will in Quebec?
It's natural to worry about whether the right people will be taken care of. Here's the direct answer: when there's no will in Quebec, the estate is divided among the surviving spouse (married, in a civil union, or in a parental union), the children or other descendants, and then parents and siblings, in that order of priority. The exact fractions depend on who survives the person who passed away.
The table below shows how the Civil Code of Québec divides a legal succession. These are the default shares, straight from Quebec's rules on dying without a will.
| Who survives the person | Spouse's share | Children / descendants | Parents | Siblings |
|---|---|---|---|---|
| Spouse and children | 1/3 | 2/3 | none | none |
| Children, no spouse | none | Entire estate (equal shares) | none | none |
| Spouse and parents, no children | 2/3 | none | 1/3 | none |
| Spouse and siblings, no children or parents | 2/3 | none | none | 1/3 |
| Parents and siblings, no spouse or children | none | none | 1/2 | 1/2 |
| No spouse, children, parents, or siblings | none | none | none | Passes to other relatives |
A few things worth knowing as you read the table. "Spouse" has a specific legal meaning here, which we'll explain next. "Descendants" includes grandchildren, who can step into a deceased parent's place. And if no relatives can be found at all, the estate eventually goes to the Quebec government.
Married, civil-union, or parental-union spouses
In a legal succession, only certain partners count as a "spouse." That means someone who was married, in a civil union, or, new as of 2025, in a parental union with the person who passed away. These spouses inherit a share automatically, as shown in the table.
This is an important distinction, because the everyday meaning of "spouse" is broader than the legal one. Many couples who consider themselves spouses are, in the eyes of Quebec succession law, common-law partners, and that changes everything.
Why common-law partners usually inherit nothing
This is the part that catches the most families off guard, so it's worth saying plainly. A common-law (de facto) partner does not automatically inherit in Quebec when there's no will, no matter how many years you lived together, shared a home, or raised children as a couple.
Without a will naming them, a surviving common-law partner has no automatic right to the estate. The assets pass to the children, parents, or siblings instead, following the order above. Many couples are stunned to learn this, having assumed a long relationship carried the same rights as a marriage. It doesn't, unless the new parental union rules apply.
What changed in 2025: the parental union regime
If you're a common-law partner, don't lose hope before reading this. On June 30, 2025, Quebec's parental union regime came into effect under Bill 56. It gives some common-law couples succession rights similar to married spouses for the first time.
Under this regime, a surviving common-law partner can inherit one-third of the estate, with the children receiving the remaining two-thirds, the same split married couples get. The catch is who qualifies: the regime applies automatically to common-law couples who have a child together on or after June 30, 2025. Couples who already had children before that date can choose to opt in through a formal agreement, but they aren't covered by default.
Because this is recent and the eligibility rules are specific, it's worth confirming your situation with a notary. The Chambre des notaires du Québec explains the parental union regime in detail, including who it covers and how to opt in.
What happens to a child's share
If the children who inherit are minors, their share is protected rather than handed over directly. A tutor, usually the surviving parent, manages the money on the child's behalf, often with oversight from the Curateur public or a tutorship council, until the child turns 18.
This is one of those areas where a quick conversation with a notary saves a lot of second-guessing, especially if larger sums or property are involved.
Who settles an estate when there's no will?
You may be wondering who's actually in charge of all this. When there's no will, the heirs settle the estate together as the liquidator, the person or people legally responsible for managing and closing the estate. The heirs can also agree to appoint one person (or a few) to act as liquidator, which usually makes everything simpler.
In Quebec, the role of settling an estate is called the liquidator, what other provinces often call an "executor." If you've heard the word "executor" from out-of-province family, it's the same idea, just a different name.
Can the heirs choose one person?
Yes, and it's usually a good idea. Trying to settle an estate with five heirs all acting jointly can get slow and tangled. The heirs can appoint a liquidator by majority vote, often the most organized or local family member, or someone everyone trusts to be fair.
The liquidator doesn't get to keep more of the estate for taking on the work; the shares are still set by law. They're simply the person who does the legwork: paperwork, accounts, debts, and distribution.
Proving who the heirs are
Because there's no will naming anyone, you may need to formally prove who the heirs are. This is often done through a declaration of heredity or a notarial declaration of transmission, especially when the estate includes real estate or larger assets. A notary typically prepares these documents.
This step matters because banks, the land registry, and other institutions will want proof of who has the legal right to act before they'll release funds or transfer property.
How to settle an estate without a will in Quebec, step by step
Here's the practical part, the path most families follow. The order matters, so we've numbered the steps. Don't worry about doing everything today; this unfolds over months, not days.
- Get the death certificate. You'll need the official documentation of the death (the attestation and, later, the certificate from the Directeur de l'état civil) before almost anything else can move forward. Our guide to getting death certificates in Quebec explains which documents to order, how many copies you'll need, and how long they take. Our complete timeline of what happens after someone dies in Quebec walks through the first days in detail.
- Run both will searches. Even when you're sure there's no will, Quebec requires two searches to confirm it: one with the Chambre des notaires du Québec and one with the Barreau du Québec. A will you didn't know about would change everything, so this step isn't optional. You'll need the death certificate to request the searches.
- Confirm the heirs and the liquidator. Once both searches come back empty, identify the legal heirs using the rules above, and have the heirs agree on who will act as liquidator. If proof of heirship is needed, this is when a notary prepares the declaration of heredity or transmission.
- Inventory the assets and debts. The liquidator prepares a complete inventory, bank accounts, property, vehicles, investments, and all outstanding debts. This inventory is shared with the heirs and filed officially. Everyone can see the full picture, and the process stays open and fair.
- Pay the debts and taxes, then distribute. Before anyone inherits, the estate's debts and final taxes must be paid. Only what's left after that is divided among the heirs according to their legal shares. Distributing too early, before debts are settled, can leave the liquidator personally on the hook. That's another reason to go in order.
For a deeper walkthrough of a liquidator's responsibilities and the first 90 days, our Quebec liquidator's guide covers each duty in more detail.
How long does it take, and what does it cost?
It's fair to want a realistic sense of the road ahead. On average, settling an estate without a will in Quebec takes 6 to 18 months. The timeline depends on how complex the estate is, whether there's property to transfer, and how easily the heirs agree. Costs vary too, but the main expenses are notary fees and official documents, not a fixed bill.
Here's a rough sense of what shapes the timeline and the cost:
- Simple estates (a bank account or two, no property, heirs in agreement) move faster, often toward the shorter end of the range.
- Estates with real estate take longer, because transferring property requires a notarial declaration of transmission and dealings with the land registry.
- Family disagreements are the biggest source of delay. When heirs don't agree on the liquidator or the inventory, months can stretch into a year or more.
- Notary and document fees are the typical out-of-pocket costs. Will searches, declarations of heredity or transmission, and certified copies each carry modest fees. These are paid from the estate before anything is distributed; for how that works when funds are tight, see our guide to who pays for funeral and estate costs in Quebec.
One source of help worth checking early: government death benefits. The Quebec Pension Plan and other programs can offset some immediate costs, and we cover eligibility in our guide to death benefits in Canada, including QPP and CPP.
Settling a no-will estate from out of province
If you're doing this from another province or country, it can feel doubly overwhelming, you're grieving, you're far away, and now there's paperwork in a system you don't know. The good news is that most of settling an estate without a will in Quebec can be handled remotely, with the right help.
You can request the two will searches by mail or through a notary. A Quebec notary can also prepare the heredity and transmission documents and coordinate signatures from a distance. Many banks and institutions accept documents by mail or secure upload once you've proven you're the liquidator. The key is having one organized point of contact, often a local notary, so you're not making trips you don't need to make.
Our practical guide to managing financial affairs after a death from out of province walks through coordinating accounts, paperwork, and logistics when you can't be there in person.
How to spare your own family this
If going through this has you thinking about your own affairs, that instinct is worth acting on. The single best way to spare your family the uncertainty of an intestate succession is to write a will. It lets you name your heirs, provide for a common-law partner who wouldn't otherwise inherit, and appoint a liquidator you trust.
A will doesn't have to be complicated or expensive. Our step-by-step guide to writing a will in Quebec explains your options, from notarial wills to holograph (handwritten) ones. If you're a common-law couple, a will is especially important, since the law won't protect your partner by default unless the parental union rules apply to you.
Taking an hour to do this now is one of the kindest, most practical gifts you can leave the people you love.
Settling the estate, one step at a time
If you've read this far while grieving, you're already doing the hard, responsible work this moment asks of you, and that counts for a lot. There's no version of settling an estate without a will that's quick or effortless, but there is a clear path: confirm there's no will, identify the heirs, take inventory, pay what's owed, and distribute what's left. Take it one step at a time, and lean on a notary for the parts that feel uncertain.
The cremation, at least, is one part of the week that doesn't have to add to the load. If you're coordinating from out of town, juggling family, or simply want one decision to be straightforward, Cleo handles direct cremation from the first call to the return of the ashes for one fixed, all-inclusive price, with no hidden fees. Whenever you're ready to talk it through with a real person, we're here at (438) 817-1770.