Declaration of Transmission
Facilitate the transfer of real estate property to heirs following a death with this essential notarial deed
Real estate succession transfer
The declaration of transmission: transferring real estate property to heirs
The declaration of transmission is a notarial deed that, when settling an estate, formally transfers ownership of a real estate property from the deceased to the heirs or legatees. It is published in the Quebec land registry so that the property title officially reflects the change of owner.
This deed is essential whenever an estate includes real estate property — house, condo, income property, land — whose ownership must be transferred to the beneficiaries. Without this publication, heirs cannot legally sell, refinance, or dispose of the property, even if the estate has been settled within the family.
Maître Wissam Itani guides you with rigor and sensitivity through this process, which often occurs during a period of grief. He ensures that all required documents are in order, that the declaration complies with the land registry's requirements, and that the transfer proceeds smoothly and legally.
This service includes
- Review of the will or legal devolution (in the absence of a will)
- Title search and verification of the land registry status
- Drafting of the notarial declaration of transmission
- Identification of heirs or legatees with proof of status
- Publication in the Quebec land registry
- Transfer of multiple real estate properties (residential, commercial)
- Coordination with the testamentary liquidator
- Advice on tax obligations related to the estate transfer
- Delivery of certified copies to the heirs
It is recommended to entrust the declaration of transmission to the same notary who drafted the will or who is overseeing the settlement of the estate, in order to ensure consistency throughout the process. Our firm offers comprehensive support for every step of the estate settlement.
Real estate succession transfer in four steps
A rigorous process to ensure heirs officially receive the real estate property owed to them.
Gathering documents
Collection of the will or proof of legal devolution, the death certificate, and the property titles.
Registry searches
Verification of the land registry status to identify all charges, mortgages, and rights registered against the property.
Drafting & signing
Drafting of the declaration of transmission by the notary, signed by the heirs or the liquidator.
Publication & transfer
Publication in the Quebec land registry and delivery of certified copies to the heirs confirming their new title.
Your questions about the declaration of transmission
Clear answers to help you understand this essential deed in settling a real estate estate.
The declaration of transmission is the notarial deed that formalizes the transfer of ownership of a real estate property from a deceased person to their heirs or legatees. It is necessary whenever an estate includes real estate property in Quebec. Without this publication in the land registry, heirs cannot legally dispose of the property: they can neither sell it, refinance it, nor carry out any transaction involving it.
The liquidation of an estate is the overall process of settling the estate: inventory of assets, payment of debts, filing of tax returns, and distribution of assets. The declaration of transmission is a specific deed within this process that concerns only the transfer of real estate ownership rights. It can be done before or after the complete liquidation, depending on the circumstances.
There is no legal deadline for filing the declaration of transmission in Quebec, but it is strongly recommended to do so as soon as possible. Extended delays can create administrative complications (property taxes, insurance) and delay the sale or management of the property. Heirs wishing to quickly sell an inherited property should prioritize this step.
The required documents vary depending on whether there is a will or not. In general, you will need: the death certificate, the notarial will (or proof of a will search if none exists), the identification of the heirs or legatees, the contact information of the testamentary liquidator, and documents relating to the properties (addresses, lot numbers, previous titles). The notary will guide you on the specific documents required for your situation.
Yes, the death of a property owner can have tax consequences. At the federal level, a deemed disposition at death may create a taxable capital gain. In some cases, exemptions apply (principal residence, spousal rollover). It is important to consult an accountant or tax specialist in parallel, as the notary can draft the deed, but it is the liquidator who is responsible for the tax filings.
Transfer property to heirs in full legal compliance
Our firm supports you with rigor and sensitivity through this important step — contact us today.