Inheriting a house often means inheriting an administrative headache at the worst possible time. Between grieving and the necessary procedures, it is easy to feel overwhelmed. However, the path is clearly marked. Selling a property in succession follows specific legal steps, and respecting them protects everyone, starting with the person managing the estate. The liquidator’s procedures are detailed by the Government of Quebec. Here is how it unfolds.
Who has the right to sell?
Not the heirs directly, but the liquidator of the succession. This is the person named in the will, or, in the absence of a will, all the heirs who become liquidators by operation of law. The liquidator must be officially designated, and their name entered in the Register of Personal and Movable Real Rights. They act in the interest of the succession, not their own, which is particularly important when they are also one of the heirs. In the case of multiple heirs, it is best to have a clear agreement from the start to avoid blockages at the time of closing.
Steps before being able to sign
The notarized sale cannot take place until the transfer of ownership has been officialized. Specifically, the notary must draft a declaration of transmission of immovable property and publish it in the Land Register. Prior to this, the liquidator must obtain the death certificate, prepare the inventory of assets, publish a notice of closure of inventory, and settle debts. The good news: you can market the house and even accept an offer to purchase during this time, provided it is conditional upon obtaining the declaration of transmission. This reduces the costs of an unoccupied home.
In succession, the sale is almost always made without legal warranty, because the heirs have not lived on the premises. This does not authorize hiding anything: everything that is known must be honestly disclosed in the seller’s declaration.
The tax aspect, without unpleasant surprises
In Quebec, there is no inheritance tax as such. However, upon death, the law considers that the deceased disposed of their assets at their fair market value. If the house was their principal residence, the gain is generally exempt. If the heirs resell it later at a price higher than this value at the time of death, the additional gain may be taxable. Hence the importance of establishing the value of the property at the date of death. For these matters, a tax specialist and a notary are your allies. For marketing and a fair price that protects all heirs, a free evaluation of your property is the right first step.
