What To Do When A Loved One Dies
- RHC Solicitors
- 6 days ago
- 6 min read
When a loved one passes away, it can feel overwhelming to navigate the practical, personal, emotional and administrative tasks that are required to ensure their death has been handled properly.
Whilst any loss is unique in its circumstances, this article provides a simple breakdown of some key things to consider when someone dies in Queensland. It is important to remember that not everything below may be applicable for your particular circumstance.
In This Article:
1. Immediate Steps After A Death
Organ Donation
One of the first considerations after a death is whether the deceased wished to be an organ donor. Hospitals can check the Australian Organ Donor Registry and discuss this with the family. In Queensland, family members can overrule the deceased’s recorded wishes, so timely discussion is important.
Prioritise Immediate Needs
In the hours and days following a death, there are often practical matters that need attention, including:
Making arrangements for minor children
Caring for pets or livestock
Securing the deceased’s home
Collecting personal belongings and vehicles
2. Obtaining The Medical Certificate Of Cause Of Death
A death must be formally documented before funeral arrangements can proceed.
Hospital Or Aged Care Facility
The attending doctor will issue a Cause of Death Medical Certificate (Form 9).
Death At Home (Expected)
A GP will usually issue the Cause of Death Medical Certificate (Form 9) where end‑of‑life care arrangements were in place.
Accidental Or Unexpected Death
Paramedics may issue a Declaration of Life Extinct Form. Police may notify the Coroner, and an autopsy may be required. While final results can take several weeks, the deceased is usually released for burial within a few days.
3. Contacting A Funeral Director And Registering The Death
A funeral director can assist with:
Transferring the deceased into their care
Arranging the funeral or memorial service
Registering the death with the Queensland Registry of Births, Deaths and Marriages
Obtaining the official death certificate
If there is a Will, it should be reviewed for any specific funeral wishes. Funeral arrangements are usually organised by the executor named in the Will or, if there is no Will, close family members.
4. Locate The Will And Identify The Personal Representative
If There Is A Will
The Will appoints an executor, who is legally responsible for administering the estate.
If There Is No Will
If there is no valid Will, an administrator must be appointed by the Supreme Court of Queensland under intestacy laws. You can read our in-depth article regarding dying intestate here.
The executor or administrator is known as the personal representative. Their responsibilities include protecting estate assets, applying for probate or letters of administration (if required), paying debts, and distributing the estate.
Given the legal responsibilities involved, engaging a lawyer to assist at this stage can be extremely important. An experienced estate lawyer can help locate and interpret the Will, confirm who is entitled to act, and ensure the correct legal process is followed from the outset. Early legal guidance can reduce delays, prevent mistakes that may expose the executor or administrator to personal liability, and help manage family expectations.
5. Notify Family, Employers And Key Services
Certain notifications should be made as soon as possible, including:
Immediate family and close friends
The deceased’s employer (who may need to finalise entitlements)
Carers, aged care providers or health professionals
A lawyer can also assist by helping identify who needs to be notified, when notifications should occur, and what information should be provided. This can be particularly helpful where the deceased had multiple employers, business interests, or complex personal arrangements.
6. Notify Government Departments And Organisations
It's important to note that some notifications can be streamlined. For example, notifying Services Australia may also notify Centrelink, Medicare and Child Support if these services have been linked in the deceased's account. The Australian Death Notification Service also allows multiple organisations to be notified at once.
Other common notifications include:
Banks and financial institutions
Superannuation funds and insurers
Department of Transport and Main Roads (driver licence and vehicle registration)
Local council (rates, utilities and other local permits)
7. Secure Assets And Cancel Or Suspend Accounts
An essential duty of the personal representative is to protect the estate. This involves safeguarding all assets, ensuring that property, bank accounts, investments and personal belongings are not lost, stolen, or devalued. The personal representative must also secure documentation, manage insurance, monitor ongoing financial obligations, and prevent unauthorised access to accounts or property until the estate is properly administered.
This may involve:
Ensuring home, contents and vehicle insurance remains valid
Freezing or suspending single‑name bank accounts
Cancelling or transferring:
Credit and debit cards
Direct debits and subscriptions
ABNs and business registrations
Phone, internet and streaming services
Gym and club memberships
Social media accounts
Pet registrations
Mail can be redirected through Australia Post, often at no additional cost for deceased estates for a period of 12 months.
8. Applying For Probate Or Letters Of Administration
After the funeral and immediate matters are handled, attention usually turns to the legal administration of the estate. In many Queensland estates, assets cannot be accessed or transferred until authority is granted by the Supreme Court of Queensland.
What Is Probate?
Probate is a legal document issued by the Supreme Court of Queensland confirming that the Will is valid and that the executor has authority to administer the estate. Banks, the Titles Registry and government departments often require probate before releasing assets.
What If There Is No Will?
Where there is no valid Will, the Court may issue Letters of Administration, appointing an administrator to manage the estate in accordance with Queensland’s intestacy laws. There are several different types of Letters of Administration depending on the circumstances of the estate.
Do All Estates Need a Grant?
Not every estate requires probate or letters of administration. Smaller estates, jointly owned assets, and certain superannuation or insurance benefits may be dealt with without a grant. Applying unnecessarily, or failing to apply when required, can cause costly delays, so legal advice at this stage is often invaluable.
9. Administering The Estate
Once probate or letters of administration is granted (if required), the personal representative can formally administer the estate.
Identifying Assets And Liabilities
The executor or administrator must identify everything the deceased owned and owed (their assets and liabilities) at the date of death, including property, bank accounts, investments, superannuation, insurance, vehicles and personal belongings, as well as loans, credit cards and tax liabilities.
Paying Debts And Expenses
Before any distribution can occur, estate funds must be used to pay funeral expenses, outstanding debts, administration costs and taxation liabilities. Distributing assets too early can expose a personal representative to personal liability.
Distributing the Estate
After debts are paid, assets can be distributed to beneficiaries in accordance with the Will or Queensland intestacy laws. In most cases, beneficiaries must wait several months before receiving their entitlement to allow for claims and administrative requirements.
10. Finalising The Estate And Ongoing Responsibilities
How Long Does It Take?
Most deceased estates in Queensland take six to twelve months to finalise. More complex estates, such as those including those involving disputes, overseas assets or blended families, may take longer. Disputes estates and multi-juristional estates can sometimes takes years to finalise, due to their complexity and coplex legal requirements.
Final Steps
Finalising an estate may involve lodging final tax returns, closing accounts, transferring or selling property, cancelling registrations and licences, and providing final estate accounts to beneficiaries.
Beneficiaries who receive money or assets may also have reporting obligations, particularly if they receive Centrelink benefits.
Looking After Yourself
Managing an estate while grieving can be overwhelming. It’s important to prioritise your mental and emotional health, seek support from friends, family or professional counselling, and take time for yourself when needed. Organisations such as Lifeline (13 11 14), Beyond Blue (1300 22 4636), and MensLine Australia (1300 789 978) can provide confidential support and guidance.
How RHC Solicitors Can Help
Administering a deceased estate is not just a legal process, it is something many people manage while grieving. Our experienced estate lawyers team can assist with probate and letters of administration, executor and administrator guidance, estate administration, and estate disputes. With over 40 years of experience, we understand that every estate, and individual, is unique.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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