The death of a loved one is always confronting. Amid grief and family responsibilities, it can be difficult to know what must happen next - legally, practically, and emotionally.
This article explains what to do when someone dies in New South Wales, how the legal process after death works, and what the executor or next of kin must do to manage the deceased person’s affairs.
Step 1: Immediate arrangements
The first priority after any death is to obtain a medical certificate of cause of death. If the person dies in hospital or aged care, staff usually arrange this automatically. If they die at home, a doctor or police officer must be called to confirm the death and issue the relevant certificate.
Once the medical certificate is issued, a funeral director can arrange to transfer the body and later register the death with the NSW Registry of Births, Deaths and Marriages. The death certificate will then be available, usually within several weeks. This document is essential for all later legal and financial processes including dealing with banks, superannuation, and executing the wishes of the deceased.
Step 2: Locating the will and identifying the executor
When someone dies, the first legal task is to find out whether they left a will and, if so, where it is kept. Common places might include with the deceased’s solicitor, or in a safe deposit box, home safe, or filing cabinet.
The will sets out how the deceased’s estate should be distributed and appoints an executor — the person legally responsible for administering the estate. If no will exists, the person is said to have died intestate, and the next of kin (usually the spouse or children) will need to apply to the Supreme Court of NSW for letters of administration to manage the estate.
Step 3: Understanding the executor’s role
The executor of a will carries significant legal duties. They are responsible for carrying out (“executing”) the deceased’s final wishes, paying debts and taxes, and distributing assets to the beneficiaries.
Key responsibilities include:
Securing the estate – safeguarding property, valuables, and important documents.
Arranging the funeral – often in consultation with the family and according to the will.
Applying for probate – a court order confirming the will’s validity and authorising the executor to act.
Paying debts and liabilities – including mortgages, tax, and funeral expenses.
Distributing the estate – ensuring beneficiaries receive their entitlements under the will.
Keeping records – maintaining clear accounts of all transactions and decisions.
Executors can be held personally liable for mistakes made in administering the estate, which is why legal advice is strongly recommended, even in seemingly straightforward cases.
Step 4: Applying for probate or letters of administration
The next stage in the legal process after death depends on whether there is a valid will.
If there is a will: the executor applies for probate in the Supreme Court of NSW. Probate confirms the will’s authenticity and grants the executor the authority to deal with the estate.
If there is no will: the next of kin applies for letters of administration, giving them similar authority to an executor.
Before applying, the executor must publish an online notice of intention on the Supreme Court website and wait at least 14 days. Once granted, probate or letters of administration allow the estate to be collected, debts paid, and distributions made to beneficiaries.
Step 5: Administering the estate
Once probate or administration has been granted, the executor must gather and manage all estate assets. This may include:
Closing bank accounts and claiming life insurance or superannuation
Selling or transferring real estate
Paying outstanding debts and tax liabilities
Finalising business interests
Preparing estate accounts
Only after debts are paid can the executor distribute the remaining assets to the beneficiaries as directed in the will.
Administering the estate is therefore a formal process that involves both legal and financial responsibility.
Step 6: Beneficiaries and notifications
A common question is: “how long after a person dies will beneficiaries be notified in Australia?”
There is no fixed statutory timeframe. In practice, beneficiaries are usually informed soon after the executor locates the will, but formal distribution cannot occur until probate is granted and all liabilities are settled. This often takes several months, depending on the complexity of the estate and the efficiency of document preparation.
Executors must also comply with the notice to creditors requirement before distributing assets — allowing time for any claims to be made against the estate.
Step 7: What happens to property when someone dies?
Ownership of property depends on how it was held:
Sole ownership – property becomes part of the estate and is dealt with under the will or intestacy laws.
Joint tenancy – the surviving owner automatically inherits the deceased’s share through the right of survivorship.
Tenancy in common – the deceased’s share passes under their will or, if no will exists, under intestacy.
For land in NSW, the executor or administrator must lodge the appropriate Transmission Application with NSW Land Registry Services to transfer ownership.
Step 8: The role and rights of the next of kin
The next of kin is the person’s closest living relative, usually in the following order: spouse or de facto partner, children, parents, siblings, and so on.
In NSW, the rights and responsibilities of the next of kin depend on whether the deceased had a valid will:
If there is a will, the executor manages the estate — not the next of kin (unless they are the same person).
If there is no will, the next of kin is entitled to apply for letters of administration and to inherit under the Succession Act 2006 (NSW).
The next of kin also typically makes funeral arrangements and can access the deceased’s medical information where necessary.
Step 9: Do you need a lawyer when someone dies?
While it is possible to apply for probate or administer an estate without a lawyer, doing so can be complex and time-consuming. Mistakes can delay the process, cause financial loss, or even expose an executor to personal liability.
A lawyer experienced in wills and estates can:
Check the will’s validity and ensure compliance with the Probate and Administration Act 1898 (NSW)
Prepare court documents and notices correctly
Advise on tax implications and superannuation death benefits
Assist in disputes between beneficiaries
Help manage or sell estate assets lawfully
Legal support ensures that the executor meets their duties and the estate is finalised efficiently and correctly.
Step 10: What if there is no will?
If a person dies without a valid will, their estate is distributed according to the intestacy rules in the Succession Act 2006 (NSW), which means that the deceased person’s assets may be inherited by people other than who the deceased would have wanted. This can get particularly complicated where there are children from different relationships. In some cases, where there are no relatives that can be found, the estate will ultimately pass to the state of New South Wales, as bona vacantia (ownerless property).
Step 11: Resolving disputes
Disagreements sometimes arise about the validity of a will, the choice of executor, or the fairness of distributions. Eligible people — such as spouses, children, or dependants — may bring a family provision claim under the Succession Act 2006 (NSW) if they believe they have not been adequately provided for.
These matters can be complex, and strict time limits apply, so specialist legal advice should be sought promptly.
Final thoughts
The legal process after death involves both emotional and administrative challenges. Executors and next of kin must act carefully, with honesty and diligence, to respect the deceased’s wishes and comply with the law.
Whether you are managing an estate or simply preparing your own affairs, understanding what to do when someone dies — and the steps involved in administering an estate — can help ensure that everything is handled with clarity, compassion, and care.
Speak to a specialist wills and estates lawyer
If you’ve recently lost a loved one and need guidance with the legal process after death, our experienced wills and estates lawyers in Sydney can help. We assist executors, administrators and families to navigate probate, intestacy and estate administration with clarity and compassion.
Give us a call or submit an enquiry now to arrange a confidential discussion about your next steps.
