MR-14.A-V -
Notice before distribution of the Property of a
Succession
Certificate authorizing the distribution of property
When a person dies
- the contents of his or her estate must be determined;
- the estate's accounts receivable must be collected;
- its debts must be paid; and
- its property must be distributed.
Before distributing the property of a deceased person, the liquidator of the succession (estate) must obtain from the Minister of Revenue a certificate authorizing the distribution.
A Notice Before Distribution of the Property of a Succession (form MR-14.A-V) must be filed, along with the required supporting documents, as soon as the value of the deceased's assets and the amount of his or her debts have been determined.
Further to receiving the above-mentioned form and documents, Revenu Québec normally processes the request and issues the certificate authorizing the distribution within 90 days.
However, Revenu Québec first informs the liquidator (in writing) of the amount of duties, interest and penalties that were payable by the deceased under a fiscal law at the time of death, or that could become payable within 12 months after the death.
Distribution of property
Where the property is distributed before the certificate has been obtained, the liquidator becomes personally liable, up to the value of the property so distributed, for the
- duties,
- interest and
- penalties
that are payable by the deceased under a fiscal law at the time of death or that become payable within 12 months after that time.
However, in order to pay funeral expenses and related expenses, the liquidator may distribute up to $12,000 in property before filing form MR-14.A-V.