When a loved one dies it can feel overwhelming. And yet, there are responsibilities which require attention. If you are the executor of the will, or your loved one died without a will, give us a call on (07) 3073 2405 to have a complimentary chat with a lawyer as one the first things you will want to do is get the probate application or letters of administration on foot ASAP.
These important tasks must be done when someone dies in Australia, regardless of their religion or income. Use this checklist to help guide you through this difficult time. You can mark each item off with a ✅.
1. Immediate Actions
2. Making Funeral Arrangements
The executor named in the will, or family members, are usually responsible for organising the funeral. If there is a will it needs to be examined for any specific wishes of the deceased in relation to the funeral. The will may be kept with the deceased's papers, or held by their solicitor, bank or professional advisor.
The will appoints an executor(s) who will be responsible for putting into effect the wishes of your loved one expressed in the will. If there is no will, administrators are appointed by the Supreme Court in your state to deal with the estate. Usually administrators are the persons entitled to share the estate under the 'Intestacy Rules' which cover who shares the estate of someone without a will. An appointed executor who is unable or unwilling to perform the role may be replaced by an administrator by order of the Court.
Key Definitions:
- Executor = the person appointed in a will to administer the estate
- Administrator = the person appointed by a Court to administer the estate
- Personal Representative = the name given to the executor or administrator
The funeral director or your solicitor can help with legal responsibilities including reporting the death to the Registry of Births, Deaths and Marriages and obtaining the death certificate.
You should look among the deceased's papers to see if he or she held funeral insurance or pre-paid their funeral. If not, usually the person organising the funeral signs a contract with the funeral director and pays for it. Provided the estate has funds, funeral costs will be paid from the estate once those assets are collected by the executor or administrator.
If you cannot afford funeral costs for a friend or family member, and their assets won't cover the cost, government assistance may be available. In Queensland see Burial Assistance.
3. Financial and Grief Support
Grief Support
Some wonderful Australian organisations are ready to help you with your grief:
- Griefline - Free counselling service
- National Association for Loss and Grief
- Beyond Blue - Mental health support
Government Financial Assistance on Death
- Bereavement payments - One-off, non-taxable payment designed to help with the costs that may follow the death of a partner, child, person in care or pensioner (through Centrelink or the Department of Veteran Affairs)
- Rental grants - Available for people in a housing crisis, a one-off grant of 2 weeks rent to help you pay for the cost of moving into private rental accommodation
- Mortgage relief loan - Interest-free loan, up to $20,000 maximum, repayable over 10 years starting 1 year after getting the loan
- Bond loan - Available to help pay the rental bond when moving into accommodation
4. Work Out Details of the Estate
The executor, or family member if there is no will, should examine the deceased's personal papers to discover what they owned and any liabilities. You should also make inquiries with banks, building societies, and superannuation funds about assets.
5. Notify Relevant Authorities
Some of these tasks should be completed immediately. Some may be completed after probate is granted. Consult with your solicitor about individual circumstances.
It is an essential duty of the Personal Representative to protect estate assets. This includes insuring property such as home and contents, vehicles and boats. Notify all relevant authorities and businesses of the death and request a hold on all direct debits, credit card and mortgage repayments.
6. Apply for Probate or Letters of Administration
In most cases, the personal representative will not gain control of assets without producing the grant of probate or letters of administration.
Grant of Probate or Letters of Administration = the legal documents issued by the Supreme Court in your State which officially recognises the right of the person(s) named in the grant to administer the estate.
There are 6 different types of Letters of Administration in Queensland depending on the circumstances of the estate.
If you are unsure whether you need probate or letters of administration, contact one of our experienced Wills and Estates Lawyers in Brisbane for a free no obligation consultation. If you don't need a grant, we'll tell you. If you do, we'll give you an unbeatable fixed-fee quote. Don't delay getting your inheritance, we start work immediately.
7. Close Accounts, Collect Assets, Pay Debts & Distribute Estate
After transferring title of a vehicle you should cancel the vehicle registration. The estate may be entitled to a refund of the unused registration portion.
The duties of an executor include administering the estate to conclusion. Many of the tasks identified at #5 don't need to be done before probate is obtained.
Get Professional Help
We hope this guide will help you navigate the process after someone passes away in Australia. Remember, this is not a burden you need to carry alone. We offer specialist estate administration services to suit every budget and financial circumstance.
Whether you are ready to start the process today or sometime in the future, speak with an estate lawyer today for free to help you understand your estate needs and whether we can help. Call us on (07) 3073 2405.
