After someone dies

There are often many things to do after​ someone dies, including notifying​ peopl​e, making funeral arrangements and dealing with the deceased person's property. 

This topic has information about:

​Who ​​do you notify after someone dies?

When a person dies, a doctor must confirm the death and issue a Medical Certificate Cause of Death. The doctor, executor, next of kin, relative or funeral director must then register the certificate with the NSW Registry of Births, Deaths and Marriages within seven days. After registration, the NSW Registry of Births, Deaths and Marriages will issue a​ Death Certificate to the next of kin or funeral director.

If the person died of sus​picious or unusual circumstances, or if the cause of death is unknown then the doctor must notify the police in order to begin a coronial investigation. In some cases an inquest will be held before a coroner to find out information about when and how the person died.

When a person dies particular people and organisations should be notified of the death.

This section covers: 

• Who is responsible for notifying a death?
• Who do you have to notify? 
• When does a death have to be reported to the coroner?

For more information, see Who do you notify after someone dies?

Funerals

After the Death Certificate is issued, there are a number of things an executor or next of kin must do. If the person had a will, the executor of the will is responsible for making funeral arrangements. If the person did not have a will, the next of kin, relative or close friend is responsible for making funeral arrangements.

The person arranging the funeral is responsible to pay the funeral director. The deceased may have a pre-paid funeral plan or insurance policy which will pay for the funeral.

This section covers:

• What is a funeral?
• Who is responsible for arranging the funeral?
• Who pays for the funeral?
• Who can go to the funeral?
• Aboriginal and Torres Strait Islander funerals
• When there is no money for a funeral
• Who owns the ashes?
• Choosing the headstone

For more information, see Funerals.

The will

A will is a legal document which explains how a person wants their assets to be distributed after they die. After someone dies, the next of kin must first find out if the deceased had a will. This section explains the steps you can take to search for the deceased's will.

For more information, see The will.

Assets and debts

After a person dies, the executor or next of kin will need to work out whether it is necessary to apply to the NSW Supreme Court for probate or letters of administration. To do this they will need to gather details of the deceased's estate, including their assets (property and money) and debts.

This section covers:

• Working out assets and debts?
• Superannuation
• Notifying the bank 

For more information, see Assets and debts.

What to do with the estate

After you have obtained details about the assets and debts of the deceased person, you will need to decide if it is necessary to apply to the Supreme Court of NSW for probate or letters of administration.

If the deceased had a will and you are an executor named in a will you have responsibilities to deal with the deceased person's property. A will is a legal document that explains who will get property after a person dies. You may also need to apply to the Supreme Court of NSW for probate. If you don’t want to act as an executor, you can complete and file a Renunciation of Probate form at the Supreme Court of NSW. 

If the deceased did not have a will they 'died intestate' (which means they died without a will). Under the 'rules of intestacy' the relatives are entitled to a share in the deceased person's property. As the next of kin, relative or close friend of the deceased, you may need to apply to the Supreme Court of NSW for letters of administration to distribute the deceased's estate.

If the deceased person has no living relatives who are entitled to the property under the rules of intestacy, the estate will be paid to the state.

This section covers:

• When there is a will
• When there is no will
• Is probate or administration always needed?
• When to see a lawyer

For more information, see What to do with the estate.

Applying for probate

If you are an executor named in a will, you may need to apply for and get a Grant of Probate from the Supreme Court of NSW before distributing the deceased person's estate.

This section covers:

• What is probate?
• Publishing a probate notice 
• Making a probate application 
• Requisitions from the court 
• Problems with executors

For more information, see Applying for probate.

Applying for letters of administration

If the deceased died intestate (without a will) or did not name an executor in a valid will, or the executor is unwilling or unable to act, you may need to apply for and get a Grant of Letters of Administration from the Supreme Court of NSW before distributing the deceased person's estate.

This section covers: 

• What is letters of administration? 
• Who can apply? 
• Searching for the will
• Publishing a notice of intended application 
• Making an application for letters of administration 
• Requisitions from the court 
• Entitlements where someone dies without a will

For more information, see Applying for letters of administration.

Grants from outside NSW

If the deceased owned property in New South Wales and if you have obtained a grant of probate or administration outside of New South Wales, you may need to apply to the Supreme Court of New South Wales to reseal the grant before you can deal with the property in New South Wales.

This section covers: 

• Reseal 
• Publishing a notice of intended application for reseal 
• Making an application to reseal a grant.

For more information, see Grants from outside NSW.

After probate or administration

After the court has made a Grant of Probate or Letters of Administration, the executor or administrator is responsible for collecting assets and paying debts, before the estate can be distributed to beneficiaries.

This section covers: 

• Publishing a notice of intended distribution 
• Collecting (calling in) the assets owned by the deceased 
• Dealing with the deceased's debts.

For more information, see After probate or administration.

Distributing the estate

Once probate or administration has been granted (or if it was not needed), and the deceased's debts have been paid, the executor or administrator (or next of kin) can distribute the estate.

This section covers: 

• Distributing an estate when probate or administration is not needed
• Distributing an estate after the grant of probate or letters of administration 
• Paying specific legacies 
• Transferring real property 
• Transferring personal property 
• Accounting to beneficiaries 
• Spouse's entitlements

For more information, see Distributing the estate.

Family provision claims

If you have been left out of a will or did not receive what you believe you were entitled to from the estate, you may be eligible to make a family provision claim.

This section covers: 

• What is a family provision claim? 
• Who is eligible to make a family provision claim? 
• How to make a claim 
• What the court will consider

For more information, see Family provision claims.

Flowcharts

Representing Yourself provides flowcharts that show you an overview of the different steps that can be taken after someone dies.

For more information, see Flowcharts.​

Forms

This section has instructions and sample forms as well as sample letters.

For more information, see Forms.

Frequently Asked Questions

This section has answers to common questions that you may have when a person dies and when you need to apply for probate or letters of administration.

For more information, see Frequently Asked Questions. ​​

An application for a grant of probate or letters of administration should be made within six months of the date of death, unless there is a reasonable explanation for the delay.

Last updated: July 2021