Practical guide
Clearing out a loved one's home. Without rushing a thing.
Who makes the decisions, which papers to look for first, what has to wait for the inventory, what can be done early if everyone agrees, and how to move at a pace your family can manage.
Practical guide · General information · Updated September 2026
First, who makes the decisions: the liquidator
Before you empty a single cupboard, you need to know who decides. That's the liquidator, the role once called the executor. The will may name one. If not, the heirs fill the role or designate someone, and if they can't agree, a court can appoint one. Among other duties, the liquidator makes the inventory, pays the debts and hands the property over to the heirs.
For your own situation, talk to a notary, especially if the estate has debts, since everything the deceased owned goes first to paying them. See a notary too if the estate includes real estate or if the heirs don't agree.
Finding the will and the important papers
Searching for a will is mandatory, since only the most recent one is legally valid. The search is done through the registries of the Barreau du Québec and the Chambre des notaires du Québec, which issue two search certificates. To find a will that wasn't made before a notary, go through your loved one's personal effects, ask the people close to them and check whether they had a safety deposit box. All the more reason not to throw out any papers too soon. Also keep these documents for the liquidator:
- Death certificate, will and will-search certificates
- Pay stubs and pension documents
- Invoices and bills still to be paid
- Titles to real estate or businesses
- Mortgage documents and IOUs
- Savings account records and investment certificates
The inventory comes before giving anything away
The inventory is mandatory. The liquidator makes it before a notary, or before two witnesses who sign along with them. It describes what the deceased owned, with its value, and their debts; specialists can appraise certain items. A notary can explain what needs to go in it. Until the inventory is finished, don't sell, give away or throw out anything of value without talking to the liquidator or a notary.
Be careful with steps taken too soon. A potential heir who uses estate property as if it were their own is deemed to have accepted the estate. An heir who mixes their own belongings with the estate's before the inventory may have to pay debts beyond the value of what they receive. Anyone who hides estate property or doesn't report it to the liquidator during the inventory is deemed to have refused the estate. Each heir has 6 months after the death, extendable if needed, to accept or refuse. A refusal is made by notarial deed.
What can be done early, if everyone agrees
Not everything has to wait. With the agreement of all the potential heirs, some steps don't automatically count as accepting the estate: sharing out clothing, personal papers and family keepsakes, or selling, giving away or dividing perishable goods. Keep in mind that a keepsake can have real market value. If you're unsure, check with the liquidator first.
When it comes to selling, the liquidator can sell or part with movable property alone if it's perishable, likely to lose value quickly or expensive to keep. Parting with anything else takes the heirs' consent or, failing that, the court's authorization. After that, whatever isn't kept or sold can be donated or recycled.
Looking after the house, or ending the lease
Until the property is handed over to the heirs, the liquidator has to look after it: keep the house insured and renew the home insurance, maintain it and handle urgent repairs. If nobody is living in the house, Éducaloi suggests changing the locks and checking the insurer's requirements, since the insurer may require someone to be on site.
If your loved one was renting, their death doesn't end the lease. If nobody lived with them, the liquidator, or failing that an heir, can terminate the lease by giving the landlord 2 months' notice within 6 months of the death. The termination can take effect sooner if the landlord agrees or rents the unit to someone else, and rent is owed until then.
If someone lived with the tenant, that person can stay and become the tenant by notifying the landlord within 2 months of the death. Otherwise, the liquidator can terminate the lease within the following month with 1 month's notice. The Tribunal administratif du logement provides a model notice, and it's the place to turn with any question about the lease.
The human side: going at your own pace
Clearing out a loved one's home means handling things full of history, often while you're grieving. Plan short sessions rather than one long weekend. Start with a less personal room, like the garage or the bathroom, and leave the bedrooms for last.
- Go in pairs, so you can decide together and take breaks
- Set aside anything the family disagrees on, and come back to it later
- Take a photo of a piece of furniture or an object before it goes
- Keep one box for keepsakes to be shared out once everyone agrees
When a crew can take it from there
Once the family and the liquidator are ready, the heaviest part is often still ahead: the furniture, the appliances, the basement. That's when Gestion Débarras can clear the home with discretion and respect, and without judgement. Our insured, vetted crew carries everything out from any room, and you don't lift a thing. We protect the floors and sweep up before we leave.
The crew sorts it all to donate what can be reused and recycle what it can: less than 30% of what we pick up ends up in landfill. Personal papers and keepsakes are set aside for the family. Pricing is transparent, based on volume, all-inclusive. You get a free estimate within 24 hours, by phone, from photos or on site.
Frequently asked questions
How soon can we start clearing out the house after a death?
What should we do with the furniture from an estate?
Clearing out a loved one's apartment: what happens to the lease?
What if the estate has debts?
What happens to papers and keepsakes found in the house?
Sources and notes
This guide is general information, not legal advice. For a specific situation, talk to a notary, a lawyer or the Tribunal administratif du logement.
- Gouvernement du Québec: Testamentary liquidator
- Chambre des notaires du Québec: The liquidator of an estate
- Gouvernement du Québec: Searching for a will
- Gouvernement du Québec: Checklist for the liquidator
- Éducaloi: Settling an estate, frequently asked questions
- Gouvernement du Québec: Accepting or refusing an estate
- Gouvernement du Québec: Civil Code, article 804
- Tribunal administratif du logement: When a tenant dies
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