What to Do When Someone Dies in Australia: A Complete, Plain-English Guide

Have a question about this? Ask the Guide → the chat widget at the bottom-right of this page can answer it. Reading time: 12 minutes | The Executor’s Guide — Plain English. Step by step. Written for the person who just found out.

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This guide is for the person standing in a moment of complete overwhelm.

Someone you love has died. You’ve been told you’re the executor. Or no one has been named and you’re the one who has to figure it out. Either way, you’re facing an enormous list of unfamiliar tasks, under time pressure you don’t fully understand, while also grieving.

This guide won’t replace a solicitor where you genuinely need one. But it will tell you what to actually do — in order — so that you can move forward without accidentally making things harder.

The First 24 Hours: What Cannot Wait

There are very few things that must happen in the first 24 hours. Most things can wait. These cannot.

Get a cause of death certificate.

A doctor, coroner, or medical officer must certify the cause of death before anything else can happen. If the death occurred at home unexpectedly, call 000. If it occurred in a hospital or aged care facility, the staff will initiate this process. The certificate of death from the attending physician is separate from the death certificate you’ll register later — both matter, but the medical certificate comes first.

Secure the property.

If the deceased lived alone, make sure their home is locked and secured. Mail should be redirected. If there are valuables — jewellery, cash, documents — ensure they’re safe. You don’t need to touch or move anything yet, but an unsecured property is a liability.

Let immediate family know.

There is no correct order. Call the people who need to know. Take help when it’s offered — this is the time to accept it.

Find the will if one exists.

The will is the document that names the executor and sets out how the estate should be distributed. It may be held with the deceased’s personal papers, at their bank, with their solicitor, or with the Public Trustee in their state. You need to find it before probate can begin. Don’t assume a will doesn’t exist until you’ve looked carefully.

The First Week: What Needs to Happen Soon

Register the death.

In Australia, deaths must be registered with the Births, Deaths and Marriages registry in the state or territory where the death occurred. Usually, the funeral home handles this registration as part of their service — confirm this with them. You will need certified copies of the death certificate for almost every subsequent step. Order at least 8–10 copies. They cost a small fee per copy but save enormous time compared to chasing the registry repeatedly.

Arrange the funeral.

The executor is legally responsible for arranging the funeral, though practically this is almost always a family decision. If the will contains specific instructions about burial or cremation, they should be followed. If there are no instructions, the family decides. The funeral costs are paid from the estate.

Notify Centrelink.

If the deceased was receiving any Centrelink payments — Age Pension, Disability Support Pension, Carer Payment, Family Tax Benefit — Centrelink must be notified as soon as possible. Overpayments become a debt against the estate. The Australian Death Notification Service (deathnotification.gov.au) lets you notify multiple government agencies at once.

Understanding Your Role as Executor

If you’ve been named in the will as executor, you now have a legal responsibility. It isn’t optional. You can renounce the role if you genuinely cannot or do not want to act — but this must be done before you take any steps to administer the estate.

What you’re actually responsible for:

• Locating all assets (bank accounts, property, shares, super, vehicles, valuables)
• Paying all debts (including the ATO, credit cards, mortgages, personal loans)
• Lodging the final tax return for the deceased
• Applying for probate (in most cases — see below)
• Distributing what remains to the beneficiaries named in the will
• Keeping records of everything you do

What executors are personally liable for:

If you distribute assets before paying debts, or miss tax obligations, or make decisions that cost the estate money through negligence, you may be personally liable. This is not theoretical — it happens. If anything about the estate looks complicated, get legal advice before you act.

If there’s no will:

A death without a will is called dying intestate. There is no named executor. Instead, a close family member — usually a spouse, or children if there’s no spouse — can apply to the Supreme Court in the relevant state for Letters of Administration, which gives them legal authority to administer the estate. Who gets what is then determined by the intestacy laws of the state, not by what the deceased would have wanted.

Probate: The Legal Authority to Act

In most cases, you will need to apply for probate before you can access and distribute the estate. Probate is a formal order from the Supreme Court confirming that the will is valid and that you, as executor, have legal authority to act.

Not every estate requires probate. Banks and financial institutions set their own thresholds — some release funds up to a certain threshold without probate, while others require it regardless of value — contact each institution directly to confirm their current policy. If the estate includes real property (a house or land), probate is generally required before the title can be transferred — there are limited exceptions, and requirements vary by state. Confirm with the relevant land titles office or a solicitor.

Probate rules differ by state. The forms, fees, advertising requirements, and timelines are different in Queensland, New South Wales, Victoria, Western Australia, South Australia, Tasmania, the ACT, and the Northern Territory. See our state-by-state guides for the specific process in your state.

What probate generally involves:

• Advertising the application in a legal gazette (gives creditors an opportunity to come forward)
• Filing the will, death certificate, and a detailed inventory of assets with the Supreme Court
• Paying a filing fee (based on the gross value of the estate — check your state Supreme Court’s website for the current fee schedule as these are updated periodically)
• Waiting for the court’s grant — typically 2–6 weeks if the application is straightforward

If the will is contested, or there are complexities around assets, this timeline extends significantly.

The ATO: What You Must Do

The ATO must be notified of the death. An executor dealing with the ATO is called the Legal Personal Representative (LPR). Your responsibilities include:

Lodge a date-of-death tax return for the deceased, covering the period from 1 July of that financial year to the date of death.

Notify the ATO that you are the LPR and provide a copy of the grant of probate or letters of administration. Until you do this, you cannot access the deceased’s tax records.

The ATO recommends not distributing assets until all tax obligations have been settled. Distributing before tax is cleared may expose you as LPR to personal liability for the estate’s outstanding tax debts. The ATO recommends obtaining a clearance certificate before making final distributions, to protect you as LPR from personal liability for outstanding tax debt.

Bank Accounts: What Actually Happens

Joint accounts — if the deceased held bank accounts jointly with a surviving spouse or partner, the surviving account holder typically continues to have full access. The bank will need a copy of the death certificate but the funds don’t freeze.

Sole accounts — if the deceased held accounts in their own name, the bank will freeze them on notification of death. You’ll need the grant of probate to access them. Before that, some banks will release funds for funeral expenses — ask specifically.

The common mistake: Do not empty sole accounts before the bank is notified, even if you have access to the PIN or login details. Doing so can create legal problems for you and the estate.

Superannuation: A Separate Process

Superannuation does not automatically form part of the estate. It is governed by superannuation law, not by the will.

The trustee of the superannuation fund decides who receives the death benefit. They consider:

• Any Binding Death Benefit Nomination (BDBN) the deceased made
• Any non-binding nomination
• Who qualifies as a dependant under superannuation law

If the deceased had a valid, current BDBN — usually naming their spouse and/or children — it is paid directly to the nominated beneficiaries without passing through the estate. The will has no authority over it.

Contact the super fund early. They have a specific process and their own forms.

Digital Accounts and Online Presence

This is the most overlooked area of estate administration, and it creates ongoing problems if ignored.

• Email accounts — review before closing. The deceased’s email may contain financial correspondence, subscription renewal notices, and accounts linked to that address.
• Social media — most platforms allow accounts to be memorialised or deactivated. Contact each platform directly with a copy of the death certificate.
• Subscriptions — Spotify, Netflix, Amazon, Apple, Google, streaming services. Cancel them. Each one requires direct contact with the provider.

Timeline: A Realistic Picture

First 2–4 weeks: Death registration, funeral, locating documents, notifying immediate government agencies and banks.

Months 1–3: Applying for probate, notifying all creditors, valuing all assets, closing accounts, handling super.

Months 3–6: Receiving probate, paying all debts (including the ATO — wait for the clearance), managing property.

Months 6–12+: Distributing the estate to beneficiaries, final tax returns, closing the estate.

Simple estates with few assets and cooperative beneficiaries can be finalised in 6–9 months. Complex estates — those with property, multiple beneficiaries, super disputes, contested wills, or business interests — regularly take 18 months to 3 years.

When You Need a Solicitor (and When You Don’t)

You probably need legal advice if:

• The estate includes real property
• The will is unclear, outdated, or likely to be contested
• There are beneficiaries who are minors or have a disability
• The estate is insolvent (debts exceed assets)
• A beneficiary is making formal demands

You probably don’t need a solicitor for:

• Notifying Centrelink and the ATO
• Closing bank accounts below the probate threshold
• Dealing with utilities and subscriptions
• Communicating with beneficiaries
• Keeping records and maintaining the asset inventory

The organising work is yours to do regardless of whether you engage a solicitor. Templates and checklists help enormously.

Get the Free Checklist

The Executor’s First 48 Hours Checklist is a free, practical checklist covering the immediate steps in the first two days after a death in Australia.

Download the free checklist →

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The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. For complex estates, disputed wills, or significant property matters, seek qualified legal advice from a solicitor registered in your state.

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Key next steps

• Do I Need Probate? A Plain-English Guide
• The Executor’s First 48 Hours
• What Is an Executor?
• Executor Duties in Australia: The Complete Legal Guide
• How to Get a Death Certificate