The death of a loved one can be a difficult time for family and friends. After someone dies there are important steps that need to be taken, including:
- finding the Will
- organising a funeral
- administering the estate.
This section provides information on these processes.
Letting people know
When someone dies it is important that key people in their life are told of their death as soon as possible. It is also important to contact the executors of the person's Will and the funeral company.
There are other people and organisations that will need to be told the person has died. These include:
- Centrelink
- phone, power and internet providers
- service providers
- superannuation company
- insurance providerso
- the persons doctor.
To make this process easier the Australian Death Notification Service online portal can help.
For more information about what to do after someone dies go the Australian Government's Services Australia website.
Securing the property of the person
No one should take anything that belonged to the deceased person without permission from the executor or administrator. This includes items that someone might believe they have a right to. Keeping the property secure helps the executor or administrator find and collect everything, making it easier to manage the estate.
To secure the person's property the following steps are usually needed:
- Make sure the home is locked.
- Move any car or vehicle to a safe place, if needed.
- Let the bank(s) know the person has died and ask for their accounts to be frozen (unless it is a joint account).
- Put any jewellery or other valuable items in a secure place to prevent theft.
- Make sure home and contents insurance is in place.
Locating the person's Will
Family or friends should try to find out if the person had a Will so the executor can be told of the person's death as soon as possible. It is important to carefully check the person's paperwork to see if a Will can be found.
If the Will cannot be found, it is a good idea to check with:
- the Public Guardian and Trustee
- the person's lawyer
- the person's bank(s)
- relatives or financial advisors who may know about a Will
- the Public Trustee in any other state or territory where the person previously lived.
If the Public Guardian and Trustee has the Will, the executor or administrator must make contact to arrange collection. They will need to show photo identification and official proof, such as a doctor's letter, that the person has died before the original Will can be given to them.
To book an appointment to collect a Will from the Public Guardian and Trustee, make an online booking.
Book a Will collection appointment
Appointments may also be made by calling 1800 810 979
Organising the funeral
If a Will is found
If the person made a Will, it should be checked to see if there are instructions about their funeral. This might include where they want to be buried, any religious or cultural traditions to follow or where the funeral should be held. It is important to respect and follow the person's wishes.
Where the Will names an executor, that person is responsible for organising the funeral. If there is no executor, the family will need to make the arrangements.
If a Will is not found
If the person did not have a Will or one cannot be found, their next of kin is usually the one who arranges the funeral.
When planning the funeral, family should think about the person's religion, culture or any traditions that were important to them. The person may have talked about their wishes before they died. The funeral should be held in a way that respects what the person would have wanted.
It is best for family to work together when organising the funeral. If there are any disagreements about the funeral, it is recommended that family go to mediation. A lawyer can also provide advice.
For more information about arranging a burial or cremation, go to the Northern Territory Government website.
Paying for the funeral
When someone dies, their family is responsible for making sure the funeral is paid for. Sometimes, the person may have had a funeral plan or insurance policy. If they did, the company should be contacted to arrange payment.
If there is no plan or insurance, the funeral can usually be paid for by using money from the person's estate. This means money in their bank account can be used to cover the funeral costs. Funeral costs must be paid before any other debts.
To organise payment from the bank, the executor or next of kin should contact the person's bank(s). The bank(s) will let them know if there is enough money available. The bank will need:
- a quote from the funeral company
- a medical certificate or other proof of death.
If there is enough money, the bank will write a cheque to the funeral company. If there is not enough to pay for the whole funeral, the bank will pay what is available.
If there isn't enough money in the bank account, the family will need to decide if they can pay for the rest. If they can't, help may be available. For more information about paying for a funeral go the Northern Territory Government website.
Applying for a death certificate
A death certificate is an official document that proves a person has died. It is needed when managing the person's estate or letting organisations know about the death.
A death certificate cannot be applied for until after the funeral and once the death has been registered. The funeral director or person who organised the funeral usually fills in the death registration statement. This form is sent to Births, Deaths and Marriages.
To apply for a death certificate
- Fill in the form (online or paper)
- Lodge the application and identification documents
- Pay the application fee.
Contact Births, Deaths and Marriages for more information.
Administering the estate
It is the responsibility of the executor (if there is a Will) or administrator (if there is no Will) to follow the law and take care of the person's estate after they die.
The first step is to check if the person had any debts or bills and make sure they are paid. Once all debts are paid, the remaining estate can be shared with the people who are legally entitled to it. These people are called beneficiaries.
In some cases, especially when the estate includes a large amount of money, property or valuable items the Supreme Court may need to issue a grant of representation. This gives legal permission to manage the estate.
For more information go to the Supreme Court for the Northern Territory website.
The Northern Territory Law Handbook provides more information about administering estates.
Administering an estate where there is a Will
If the person had a Will, the executor(s) named in the Will can apply to the Supreme Court for probate. Probate is a legal document that gives them the authority to manage the estate. They can do this themselves or ask a lawyer to help.
The executor must follow the instructions in the Will when managing the estate. If a person named as executor does not want to do the job, they can officially step down. This is called renunciation.
Administering an estate where there is no Will
If the person did not have a Will, the Supreme Court can appoint an administrator. An administrator has the same role as an executor, but must follow the law when deciding how to share the estate.
The court may choose:
- the person's husband, wife or partner
- one or more of the person's family members (next of kin)
- a mix of both
- or another person the court believes suitable.
A lawyer can help with preparing the application to be the Administrator.