Legal After a Death in Australia

This guide explains the legal and practical estate steps after a death in Australia. While the overall process is similar nationwide, many details are controlled by your state or territory (probate registries, forms, timelines, and some rules about claims and administration).

What to do first (legal essentials)

• Ask the funeral director (or hospital/doctor) about the death certificate process and timing in your state/territory.
• Order multiple certified copies of the death certificate (banks, super funds, insurers, and titles offices often require them).
• Locate the will (or confirm if there isn’t one), and identify the executor(s).
• Secure property and valuables; redirect mail; list key accounts and debts.
• Start a simple asset list: bank accounts, property, vehicles, shares, super, insurance, loans, utilities.

Death certificate (Australia)

In Australia, death registrations and certificates are handled by your state or territory births, deaths and marriages registry. In many cases, the funeral director submits the registration details, and the family later orders certified certificates.

• If the death is referred to the coroner, the certificate may take longer, depending on investigation timelines.
• Institutions may accept an interim document initially, but most will need the certified certificate to finalise transfers and payments.

Wills, executors, and administrators

The will usually appoints an executor to manage the estate. If there is no will (intestacy), or the named executor can’t act, the court may appoint an administrator.

Core duties (executor/administrator)

• Identify and secure assets
• Notify banks, insurers, super funds, and relevant agencies
• Pay estate debts and expenses (from estate funds)
• Prepare estate accounts and records
• Distribute assets to beneficiaries under the will or intestacy law

Probate and Letters of Administration

Probate is the court’s confirmation that a will is valid and that the executor can deal with the estate. If there is no will, the equivalent authority is commonly called Letters of Administration. These applications are handled by your state or territory Supreme Court probate registry.

Do you always need probate?

Not always. Some assets can transfer without probate, and some institutions may release funds below their internal thresholds. Whether probate is required often depends on:

• How assets are held (sole name vs joint)
• The value of bank/investment accounts
• Whether there is real property in the deceased’s sole name
• Whether a super fund requires a grant to pay benefits
• Whether there are disputes, claims, or unclear documents

Assets that usually bypass the estate

Some assets commonly pass outside the estate (though exceptions apply):

• Jointly owned property (joint tenants) — often passes to the surviving joint owner by survivorship.
• Superannuation — usually paid at trustee discretion or per a binding nomination (see below).
• Life insurance — may pay directly to nominated beneficiaries (policy-dependent).

Superannuation death benefits (Australia)

Super is a major point of confusion. In Australia, super often does not form part of the estate unless the trustee pays it to the estate or the fund rules and nomination structure lead that way.

• Funds may have binding nominations (if valid and current) or non-binding nominations.
• Payments and tax treatment can depend on whether recipients are “dependants” under super/tax rules and the nature of the benefit.
• If there is no clear nomination or there are competing claims, the process can take longer.

Debts, bills, and who pays what

Estate debts are generally paid from estate funds, not from beneficiaries personally (unless someone is jointly liable or guaranteed a debt).

• Pause discretionary payments until you understand the estate position.
• Keep records of funeral expenses and estate costs.
• If you think the estate may be insolvent (more debts than assets), get professional advice early.

Taxes in Australia after a death

Australia does not currently have a general estate tax or inheritance tax like some countries. However, tax can still arise in practical ways:

• Final tax return — the deceased’s last income tax obligations may need to be finalised.
• Capital gains tax (CGT) — can become relevant when inherited assets are later sold (rules vary by asset and timing).
• Superannuation — death benefit tax treatment can depend on recipient status and benefit type.
• State-based duties/fees — may apply to certain transfers or registrations (depending on jurisdiction and circumstances).

Family provision claims and disputes (state/territory specific)

Each state and territory has rules allowing certain eligible people to challenge the will or seek provision from an estate (often called family provision claims). Time limits can be strict and vary by jurisdiction.

If you anticipate a dispute, or if relationships are complicated, consider early legal advice before distributing assets.

Intestacy (when there is no will)

If there is no valid will, your state or territory intestacy rules decide who inherits. Outcomes can differ significantly depending on whether there is a spouse/partner, children from current or previous relationships, or other relatives.

Government notifications (Australia)

Common organisations families may need to contact (depending on the person’s circumstances):

• Services Australia (Centrelink)
• Medicare
• ATO (tax)
• myGov-linked services
• Department of Veterans’ Affairs (if relevant)
• Banks, super funds, insurers
• Utilities, phone/internet providers, subscriptions

Frequently asked questions (Australia)

Practical next steps checklist

• Get certified death certificates (order multiple copies).
• Find the will and confirm the executor.
• Make an asset + debt inventory (include super and insurance).
• Ask banks/super/insurers what documents they require.
• Determine whether probate/administration is required.
• Delay distributions until debts and potential claims are understood.
• If complex or disputed, speak with a solicitor in your state/territory.