When someone dies, the money question comes quickly: you often have to choose a funeral home before the estate is settled. Here is who pays, in what order, and what to keep in order to be reimbursed.
What does the law say about funeral expenses?
Article 42 of the Civil Code of Québec answers in three steps. An adult may decide on their own funeral. In the absence of wishes expressed by the deceased, the wishes of the heirs or successors prevail. In both cases, the heirs or successors are bound to act, and "the expenses are charged to the succession", which is the legal term for the estate.
In other words, the estate bears these costs. A relative who advances them can be reimbursed by it, but may only be partly reimbursed if the debts exceed the assets.
Who arranges the funeral and signs the contract?
If the will gives the funeral arrangements to the liquidator (the executor), the liquidator handles them. Otherwise, or if there is no will, this responsibility falls to the heirs.
Before signing the funeral home's contract, read it and check who commits to paying it.
Can the liquidator pay for the funeral with the estate's money?
Yes. According to the Government of Québec, once the inventory is complete and the notice of closure of inventory is published, the liquidator pays the estate's debts. If the estate is solvent, the liquidator must in particular pay the funeral expenses.
If the estate's solvency is not obvious, the liquidator waits 60 days after the notice of closure of inventory before paying, except for urgent debts (article 810 of the Civil Code). If the assets are not enough to pay all the debts, the liquidator must first have a payment proposal approved by the court (article 811). Funeral expenses are not among the prior claims of the Civil Code (article 2651): in that case, they are paid proportionally, like the other ordinary debts (article 812).
Banks and credit unions generally freeze the deceased's accounts. Ask the financial institution whether it can release part of the funds to pay for the funeral.
A relative paid for the funeral: how can they be reimbursed?
The person who paid the funeral expenses can be reimbursed by the estate, like any other creditor, on presentation of a document that proves it.
- Keep the itemized invoice and the receipt in your name.
- Give a copy to the liquidator of the estate.
- Ask the funeral home for the RRQ-062 receipt, which is useful for Retraite Québec.
- Apply for the Québec Pension Plan death benefit, with your proof of payment, within 60 days after the death: priority then goes to the person who paid. See who gets it and how to apply.
What if the heirs refuse the estate?
In general, a person who accepts an estate is not liable for debts beyond the value of the property received, with exceptions (for example if they mix their own property with the estate's before the inventory). A person who refuses the estate does not have to pay its debts, but receives no property. A person who renounces is deemed never to have been a successor; if there is no heir, the estate goes to the State.
Paying the funeral expenses does not, by itself, amount to accepting the estate, according to Éducaloi and Revenu Québec. Revenu Québec specifies that such acts must be done with the agreement of all the successors. If you are thinking of refusing the estate, talk to a notary before paying anything.
What happens if no one claims the body?
The Funeral Operations Act considers a body unclaimed if no relative can be found, if a relative refuses in writing to claim it, or if they do not claim it within 72 hours after being formally notified of the death. Under this Act (section 2), a relative is the spouse, whether married, in a civil union or in a de facto union, the child, the mother, the father or either parent, the sister or the brother of the deceased.
Santé Québec may then offer the body to an educational institution or hand it over to a funeral services business. In the latter case, the burial or cremation is done at the estate's expense. If the property left by the person is not enough, and no pre-arrangement contract covers these costs, the government pays them. A person who is not a relative and who obtains the body becomes responsible for the costs.
Which benefits can pay part of the costs?
| Benefit | Situation | Amount | Deadline |
|---|---|---|---|
| Québec Pension Plan death benefit | The deceased contributed enough to the Québec Pension Plan | Up to $2,500 | Up to 5 years after the death; 60-day priority for the person who paid, if they apply within that period |
| Special benefit for funeral expenses (social assistance) | The deceased's resources are insufficient and the Québec Pension Plan death benefit is not payable | Up to $2,500 | First apply to Retraite Québec for the death benefit within 60 days; then 90 days after the funeral services or after receiving the notice of refusal |
| SAAQ | Death in an automobile accident | $8,727 in 2026, paid to the estate | 3 years after the death |
| CNESST | Work-related death | Up to $6,612 in 2026, reimbursed to the person who paid | 6 months after the death, or after learning that the death may be work-related |
| IVAC | Death related to a criminal offence | Up to $6,731 in 2026, reimbursed to the person who paid | 6 months after the application for qualification is accepted, or after the date the expenses were incurred |
| Last Post Fund | Eligible veteran | Up to $7,376 plus taxes for funeral services, plus some burial costs | 1 year after the death |
For IVAC claims, amounts received from the Québec Pension Plan for funeral expenses are deducted from the amount reimbursed (section 67 of the Act to assist persons who are victims of criminal offences and to facilitate their recovery). For a veteran, see Last Post Fund assistance.
Does a pre-arrangement contract change anything?
Yes. If the person had signed a pre-arrangement contract, the goods and services it provides for are already paid in whole or in part. Ask the funeral home what the contract covers and what remains to be paid. Retraite Québec does not reimburse pre-arrangements paid for by the deceased. The pre-arrangements guide explains the rest.
This article provides general information, not legal advice. For a complex estate, or one with more debts than assets, consult a notary.