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  • Peggy Mavroudis

Step-by-step guide: Probate of a Will before Witnesses

In this blog, we’ll cover another type of file that falls under the “Non-Contentious Procedures” category: “Probate of a Will before Witnesses” or “Probate of a Holograph Will” and what the process is at Services Parajuridiques Peggy Mavroudis in preparing and executing this type of file for a client.

Once the notary has been contacted by their client and has received the original will, whether signed before witnesses or holograph, Services Parajuridiques Peggy Mavroudis gets mandated and we are ready to begin.

First thing's first

First, we will order the will search certificates from the Chambre des notaires du Québec and the Barreau du Québec which will confirm whether or not the Deceased had signed a will before a lawyer or a notary, and if the will in question is indeed the last will.

Second, the drafting begins. Services Parajuridiques Peggy Mavroudis will draft the complete procedure from A to Z, namely :

  1. Application to the Notary

  2. Notice of the Application

  3. Affidavit signed by one of the witnesses or Affidavit of acknowledgement of handwriting and signature 

  4. Minutes of the Probate

  5. Notice of Filing of the Minutes of the Probate

  6. Backings

These are drafts, meaning the notary will review and complete the following information as the proceedings and delays move along, for example: dates of deposit at court, date of signature of affidavit, etc.

The notary is now ready to book their appointment with the Applicant and officially begin the proceedings.

Start of proceedings

Should the notary require, we offer the following additional services in executing these types of files, specifically:

  • Deposit the “Application to the Notary”, “Notice of the Application” and the “Will” at court through Lexius to obtain the court number;

  • Notifying the legatees and heirs via Todoc;

Furthermore, we can communicate directly with the Applicant to obtain any missing information so as to alleviate the notary from such tasks.

Our mission at Services Parajuridiques Peggy Mavroudis is to provide an excellent service and be an ally to our client, the notary.

For more information, please:

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