Losing someone close to you is disorienting and the practical questions can feel impossible to face on top of the grief.
This guide sets out the first steps after a death in Queensland and New South Wales: what needs to happen straight away, what can wait, and when a lawyer’s help is worth seeking. There is no need to work through all of it at once.
What to do when someone dies: the first few days
In the first day or two, the priorities are simple.
- Queensland – if the death was expected, for example following an illness, the treating doctor can usually confirm the death and issue the certificate recording the cause of death. If the death was unexpected or unattended, it is reported to police and the Coroner may need to be involved before the body is released.
- New South Wales – the position is broadly the same, though the terminology and the circumstances requiring coronial involvement are set out in NSW legislation rather than Queensland’s.
Engaging a funeral director is usually the single most useful early step. In most cases the funeral director registers the death on your behalf and can guide you through what follows.
There is no legal requirement to do anything else immediately. Notifying banks, government agencies and other organisations can wait until the death is registered and you have a death certificate in hand.
Registering the death
Registering a death creates the official legal record and it is a step separate from the funeral itself. In both states this is usually done by the funeral director rather than the family.
Queensland
A death occurring in Queensland must be registered with the Queensland Registry of Births, Deaths and Marriages. Normally the funeral director lodges this on the family’s behalf at no cost. If no funeral director is involved, the person arranging the funeral must submit the application themselves. A death certificate can be ordered at the same time, or afterwards, for a fee.
New South Wales
A death occurring in New South Wales must be registered with the NSW Registry of Births, Deaths & Marriages. As in Queensland, the funeral director normally completes this step. If none is engaged, the executor or next of kin can register the death directly, including online.
In both states, order more than one certified copy of the death certificate if you can. Banks, Centrelink, superannuation funds and insurers will each want to see an original or a certified copy, and having several on hand avoids delay.
Finding out whether there is a will
Once the immediate arrangements are underway, the next task is finding out whether the person left a will and, if so, locating the original document rather than a photocopy. Common places to check are the person’s solicitor if they had one, a home safe or filing cabinet, a safe deposit box or the relevant public trustee body.
The original matters because most banks and the Supreme Court where probate is needed, require it. A copy is not usually sufficient on its own. If no will can be found, the person is treated as having died intestate and different rules determine who administers the estate and who benefits.
When probate is needed, and when it is not
This is one of the questions our team is asked most often, and the answer depends on the assets rather than on a fixed dollar figure.
Whether probate is required comes down to what the deceased owned, and to the policies of whoever is holding those assets.
There is no single statutory threshold in Queensland or in New South Wales that automatically triggers the need for probate. Instead, the position turns on the nature of each asset.
- Queensland – real estate held solely in the deceased’s name, or as tenants in common, will generally require probate before the title can be transferred or the property sold.
- New South Wales – the same broad principle applies to solely owned real estate and to interests held as tenants in common, under the NSW land titles system.
- Property held as joint tenants, for example a family home owned with a spouse, usually passes automatically to the surviving owner by survivorship, without probate.
- Bank accounts and shares are governed by each institution’s own internal threshold, which varies significantly between banks and registries and can change over time.
- Superannuation and life insurance with a valid binding nomination are usually paid directly to the nominated beneficiary rather than to the estate.
Because these thresholds sit with individual institutions rather than in legislation, the safer approach is to have each asset checked rather than assume a small estate will not need probate. Getting this wrong can mean delay, or in some cases personal exposure for the executor.
For a fuller explanation of what probate involves and how the application works, see what probate is and when it is required and probate and estate administration.
What an executor is responsible for
If you have been named as executor, your responsibilities generally include:
- Locating the will and confirming funeral arrangements
- Identifying and securing the estate’s assets and debts
- Applying for probate, where required
- Paying the deceased’s debts and any tax obligations from the estate
- Distributing what remains to the beneficiaries named in the will
- Keeping proper records of the administration
An executor owes duties to the beneficiaries and can be held personally liable for mistakes, including distributing assets before debts are settled or acting without probate where it was in fact required. Our guide to an executor’s duties, and what can be done when they are not met sets out what happens when those obligations are not carried out.
If there is no will, this role falls instead to an administrator, usually the next of kin, who applies for Letters of Administration. See what happens when someone dies without a will for more.
You do not need to manage any of this alone. Taking early advice, even on a seemingly simple estate, often prevents larger problems later.
Frequently asked questions
QWho registers the death?
In most cases the funeral director handles registration as part of arranging the funeral, and it happens without you needing to do anything. If no funeral director is engaged, the person arranging the funeral, or the executor or next of kin, can register the death directly.
QCan I access the deceased’s bank account before probate is granted?
Sometimes, for small balances, with a death certificate and the bank’s own paperwork. For larger balances or sole accounts, the bank will usually require probate first. Each institution sets its own threshold.
QDo I need a lawyer to apply for probate?
Not always. Advice is worth seeking where the estate includes real estate or a business, where there is a blended family, or where there is any uncertainty about the will.
QWhat if there is no will?
The estate is distributed under the intestacy rules of the relevant state rather than according to the deceased’s own wishes. Queensland and New South Wales each have their own rules, so the outcome can differ depending on where the person lived and where the assets are held.
Disclaimer: The contents of this article are considered accurate as at the date of publication. The information contained in this article does not constitute legal advice. Readers should seek legal advice about their specific circumstances.
