An estate transfer is a securities transfer where one or more of the registered holders are deceased. As different rules apply to different types of estate transfers in Canada, AST has provided several tools to help you easily determine the estate type. Please use the Estate Type Overview and Determine Estate Type tabs below to determine which estate type applies to you.
Estate Type Overview
The information below will help you to determine the type of estate you are managing. If you have questions or need further assistance, please contact us at the number at left or via our contact page.
Jointly Owned Securities
If the securities are jointly owned, there will be more than one person's name on the certificate or share ownership statement (e.g., John Smith and Mary Smith). More information about Joint Accounts is available via the link at left.
If the deceased was a resident of Québec at the time of death, there are slightly different rules, regardless of whether it is a "probated estate" or "non-probated estate." If this applies to your case, please read more about Québec Estates via the link at left.
A probated estate means that you have a document issued by the court naming the people who are authorized to deal with the deceased person's assets.
If the deceased left a will, then the people authorized will be the executors or trustees named in the will. If the deceased did not leave a will, the people authorized will be the administrators appointed by the court, likely via one of the documents mentioned below:
- Certificate of Appointment as Estate Trustee
- Letters Probate
- Letters of Administration
- Letters Testamentary
If you are dealing with a probated estate, please read more about Probated Estates at the link at left.
A non-probated estate means that you don't have a document issued by the court and naming the people who are authorized to deal with the deceased person's assets. You may have a will, but it needs to be confirmed by the court before it becomes a probated estate.
If you are dealing with a non-probated estate, please read more about Non-Probated Estates at the link at left.
Estate Transfer FAQs
You need to sign the form in the presence of a notary public or commissioner for oaths to take the affidavit. Outside Québec, lawyers are usually notaries public, and some financial institutions may have people on staff who are commissioners for oaths.
Please send the securities and any supporting documents by a secure means of delivery through registered mail or another reputable courier with acknowledgement of receipt requested.
Depending on the service you use, you may be able to insure the contents. AST assumes no responsibility for certificates that are lost in transit.
Alternatively, you can deliver the securities in person to the courier address below.
AST Trust Company Canada
P.O. Box 700
Montréal, QC H3B 3K3
AST Trust Company Canada
1600 – 2001 Boul. Robert-Bourassa
Montréal, QC, H3A 2A6
If you have any questions, please contact us.
AST agents must have sworn information on the facts confirmed in the declaration of transmission in a form that, if required, will be acceptable evidence in court as to the information it contains.
As established by provincial statute, the normal procedure for dealing with the estates of deceased persons is that the executors, or other personal representatives, obtain their authority from the courts by means of a grant of probate, letters of administration, or other certificate of appointment.
The company that issued the securities being transferred has the discretion to waive this requirement. For example, the requirement for probate may be waived in exchange for a satisfactory indemnity bond.