When somebody close to you dies, it can be a very challenging time. While dealing with the grief itself can seem overwhelming, there is also a list of administrative tasks to be taken care of – with some things needing to be done at very short notice after a person passes away.
This article looks at the most important things to be done shortly after someone passes away.
This article is intended for residents in New South Wales. If you live in another Australian State or Territory, it is best to check these steps with local authorities.
Is the deceased is an organ donor or a tissue donor?
If your loved one was an organ donor or a tissue donor, they may have discussed that decision with you in the past. The decision will normally be recorded on the Australian Organ Donor Register.
Organ donation in Australia will only take place if a registered donor passes away in a hospital. Hospitals have access to the Australian Organ Donor Register and will discuss relevant considerations for organ donation with the person’s family.
A loved one may have also recorded their wishes about organ donation in an advanced care directive, appointment of enduring guardian or their will.
Finding the will
One of the most important things to do after someone has passed away is to find and read their will. A will appoints the executor of the estate and sets out the beneficiaries of the estate. A will may also set out a person’s funeral wishes.
Some common places where you might find the will include:
- at home particularly in their personal papers, files or a safe;
- at a bank in a safety deposit box or safe custody facility; or
- at their lawyer’s office.
Identifying the executor
One of the most important details in the deceased’s will is who the deceased appointed as their executor. The executor is responsible for administering the estate.
The executor has a significant role after a person passes away. The executor is responsible for:
- making funeral arrangements;
- notifying government departments, banks, service providers and other asset holders;
- ascertaining the deceased’s assets and liabilities; and
- applying for probate.
Organising the funeral and obtaining a death certificate
One of the more time sensitive tasks after a person has passed away is the organisation of their funeral or memorial service. Legally, the executor is responsible for this but they will often consult other family members or close friends about funeral arrangements.
Sometimes, people take out funeral insurance to pay for their funeral. If you think that the deceased may had funeral insurance, it is important to identify it so that claims for costs of the funeral can be reimbursed by the insurer. Other people may have prepaid for their funeral during their life.
It is possible to ask the bank where the deceased had their accounts to arrange payment of funeral expenses.
Usually, the funeral director will apply for the death certificate. If this is not the case, the deceased’s next of kin can contact the NSW Registry of Births, Deaths and Marriages to apply for. Applications for a death certificate can be made online, at a Service NSW branch, or by post. A medical death certificate is insufficient for the purposes of applying for probate or notifying relevant stakeholders.
Notifying people
The executor should notify relevant organisations such as banks, government departments (eg Centrelink, Medicare, ATO), stockbrokers, share registries and other potential asset holders of the deceased’s death. This will help secure the assets of the estate as well as obtain information about the deceased’s assets and liabilities required for the probate application.
Applying for probate and administering the estate
If you are an executor, a significant legal responsibility is to apply for probate. Generally, probate must be applied for within six months of the date of death of the deceased. If it takes longer than six months to apply for probate, the delay must be explained to the Court.
There are limited circumstances where probate is not required (eg where the deceased owned every asset as joint tenants or bank account balances are below a certain amount) but probate will normally be required. Probate will be required if real property was owned solely or as tenants in common or the deceased owned shares.
After probate is granted, the executor will:
- call in the estate’s assets;
- pay the deceased’s and the estate’s liabilities;
- finalise the deceased’s and the estate’s tax affairs;
- liaise with beneficiaries; and
- distribute the estate.
Swaab can help
The time after somebody passes away can be very difficult. Managing grief along with all the practical tasks involved with a loved one’s passing can be a tremendous strain, whether you are a relative, an executor, or a friend.
If you would like assistance with the duties of managing an estate or advice about your rights, Swaab can help.
