Will Search Quebec: How to Do the Mandatory Recherche Testamentaire

Finding a physical copy of a will in someone's desk drawer is not enough in Quebec. Before you can distribute a single dollar from the estate, provincial law requires you to conduct a formal recherche testamentaire — a mandatory will search through two separate registries. Even if you are certain a will exists and you are holding it in your hands, the search is still legally required. Skipping it is not an option.

Here is exactly how to do it, what it costs, and the most common reason applications get rejected before they are even reviewed.

Why the Search Is Mandatory

Quebec civil law operates differently from common-law provinces. Under the Civil Code of Québec, a liquidator (the Quebec equivalent of an executor) cannot legally execute a will without first confirming it is the most recent valid testamentary instrument. A person may have drafted multiple wills over their lifetime — one with a notary in 2009, a handwritten holograph will in 2019, and another notarial will in 2023. Only the most recent one controls. The mandatory search ensures you are not executing an outdated document.

The search simultaneously queries two independent registries:

• Chambre des notaires du Québec — holds all wills and mandates drafted by notaries in Quebec
• Barreau du Québec — holds wills registered by lawyers practicing in Quebec

Both searches can be initiated through a single online portal (guichet unique), though each registry issues its own separate search certificate.

What You Need Before You Start

You cannot submit the application with a physician's attestation of death or a funeral home declaration. This is the single most common rejection trigger, and it will cost you both the fees and weeks of delay.

The only document accepted is the Copy of an Act of Death (copie d'acte de décès) issued by the Directeur de l'état civil (DEC). This is not the same as a death certificate (certificat de décès), which is a shorter summary document. The will search registries require the full reproduction of the registry entry.

Gather the following before opening the application:

• Full legal name of the deceased
• Social Insurance Number (SIN) of the deceased
• All previous addresses where the deceased lived
• The DEC-issued Copy of an Act of Death (scanned, in colour, legible)

The DEC typically takes approximately 20 business days to process a death registration. Order several copies when you apply — you will need them for the will search, the bank, the notary, and potentially the court if probate is required.

Fee Schedule

As of 2026, the fees for the mandatory will search are:

Since you are searching two registries simultaneously, the online cost is approximately $34.50 total. Fees are subject to annual indexation — verify the current amounts at the Chambre des notaires and Barreau du Québec portals before submitting.

Submitting the Application

Access the single portal at the Barreau du Québec's website (barreau.qc.ca). The portal routes your application simultaneously to both registries.

Steps:

1. Create an account or log in
2. Enter the deceased's full name, SIN, and previous addresses
3. Upload a scanned copy of the DEC Copy of an Act of Death
4. Pay the fee by credit card
5. Receive a confirmation with an application reference number

If you are settling the estate from outside Quebec, the online portal is fully accessible from other provinces and countries. You do not need to be physically present in Quebec to submit the search.

What the Results Look Like

Processing takes approximately two to three weeks. You will receive two separate search certificates — one from the Chambre des notaires and one from the Barreau du Québec. Each certificate will state one of two outcomes:

• No will registered — the deceased did not deposit a will with that registry
• Will found — the certificate names the notary or lawyer holding the original, with their contact information

A negative result from both registries does not conclusively mean no will exists. The deceased may have drafted a holograph (handwritten) will that was never registered, or a will made before two witnesses. These documents are valid under Quebec law but are never registered in either database. Check the deceased's personal papers, safe deposit box, and home files carefully.

What Happens After the Search

The outcome of the search determines your next step.

If the search finds a notarial will: A notarial will (testament notarié) is drafted before a Quebec notary, held in the notary's vault, and constitutes an authentic act. It does not require probate. Contact the notary named in the search certificate, present the Copy of an Act of Death, and they will provide a certified copy of the will. You may begin acting as liquidator once you have this document.

If the search finds a holograph or witnessed will: These wills must be probated (verified) before they can be executed. You must apply to the Superior Court of Quebec or a notary who did not draft the will. Required documents include the original will, the Copy of an Act of Death, both search certificates, an affidavit confirming the handwriting or witness signatures, and proof that all potential heirs were notified. Court probate fees range from approximately $107 to $255, plus notarial or legal fees of $1,000 or more.

If no will is found: The estate is intestate, and the Civil Code of Québec dictates exactly who inherits. You will need a notary to draft a Declaration of Heredity to formally identify the authorized heirs before proceeding with the succession.

The RDPRM Connection

The RDPRM (Registre des droits personnels et réels mobiliers) is a separate registry that the liquidator must interact with multiple times during the estate settlement — but it is not part of the will search process. It is where you register your designation as liquidator, publish the Notice of Closure of Inventory, and eventually register the closure of your account as liquidator. Do not confuse the RDPRM with the will search registries. They serve different purposes at different stages of the succession.

If you are managing the full succession and need a step-by-step roadmap from the DEC death certificate through the RDPRM closures, the Quebec Estate Settlement Guide covers every stage in chronological order — including templates for the inventory ledger and the exact documents each registry requires at each step.

Common Mistakes That Delay the Process

Using the wrong proof of death: The funeral home's declaration and the physician's attestation are medical documents, not civil registration documents. The registries will reject your application and keep your fees.

Missing prior addresses: If the deceased lived in multiple Quebec municipalities, include all previous addresses. The search is linked to registry entries filed under the deceased's name at each address on record.

Assuming the search is optional: Some families skip the search when they are confident a will exists. This is a compliance error. Quebec courts and notaries will not proceed with probate or property transfers without the two search certificates.

Not ordering enough copies of the Act of Death: You will need copies for the will search, each bank, the notary drafting the Declaration of Transmission for real estate, and potentially the court. Order at least three to five copies when you first apply to the DEC.

The recherche testamentaire is not a formality — it is the legal foundation that authorizes everything that comes after it. Getting the documentation right the first time saves weeks of delay during an already difficult period.

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