Action / Documents required |
Notes |
Accountant
- Death Certificate
- Letter of probate
|
You must let the deceased’s accountant know of the death as it will have tax implications. Tax must be finalised with the Australian Tax Office. But the accountant likely can’t do this until they receive the letter of probate naming you as the Executor.
Update (19 December 2023): I had sent the certified copies of the death certificate etc. to Dad’s accountant as I received them. He lodged Dad’s final tax return but the ATO cancelled issuance of the refund a week ago. The accountant had never had this sort of cancellation before, and he told me the ATO told him that I had to call the ATO as the Executor and ask for the refund to be released into the estate bank account. I called the ATO (I completed 3 big crosswords and 9 Sudokus while I was on hold before I got to actually talk to a person) and found out that the accountant had been requested by the ATO to submit the proof of death documentation. The accountant had never received that request, and said he’d never been asked to provide such information before. He wondered if the ATO has recently changed the rules regarding deceased estates. He will submit the documentation to the ATO and we’ll see if they act on it and pay the refund soon. Of course, being almost Christmas we could be waiting… |
Lawyer / Will
- Original Death Certificate
- Original Will
- Photo ID documents to prove who you are to the lawyers
|
Lawyers cannot release the Will from their custody until after they receive the original of the legal Death Certificate (typically 2 weeks after the funeral), and then they don’t actually ‘release’ the Will at all. Once they get the Death Certificate (which comes from the Registrar of Births, Deaths and Marriages, who is notified by the funeral director), the lawyer will request a meeting with the named Executor(s).
At the meeting with the lawyer, they will confirm that you are who you say you are, so you’ll need to bring some form of official photographic ID, such as a drivers licence or passport. You should also bring a summary list of what is owed to the deceased person (e.g. RAD if they were in aged care) and what they owe (e.g. to the Australian Tax Office, other creditors).
They will then confirm that you are willing to act as Executor. If another person named in the Will as a co-Executor declines that role, an extra step must be taken by the lawyers to submit a signed affidavit to that effect to the Supreme Court of Western Australia. This can take time to draw up and get signed, especially when the lawyers and the other person named are not in the same location. Allow a couple of weeks.
When you’re at the meeting with the lawyer, get them to make and notarise MULTIPLE copies (at least 5) of the original Will and Death Certificate before they send them to the Supreme Court. Many institutions, companies etc. will require a copy (physical or digital) of one or the other and/or the letter of probate (once it comes) to finalise the deceased’s estate. Scan these notarised copies and keep the paper copies safe; only supply a paper copy if a digital one is not acceptable.
The other reason you need notarised copies of the Will is because the original Will is kept by the Supreme Court forever (no, I had no idea either!). The original Death Certificate is returned to the family, eventually, and typically with the letter of probate from the Supreme Court (and only after you’ve paid the lawyer’s bill).
After signing some papers that you want the lawyers to act for you (they should also disclose their fees for the whole process), you wait… Submission isn’t as easy as saying ‘do it’. It can take wait several weeks for the lawyers to draw up the documents, then you’ll have to sign each page in front of a witness (only a very narrow subset of people can be witnesses to this document). This becomes a bit of an issue if you live some distance from the lawyers’ offices! Remember, they work on their time frame, not yours.
The lawyers then submit these 2 original documents to the Supreme Court with the paperwork that requests that probate be granted and the information about what is owing and what is owed. Once the Supreme Court receives this documentation, it can take 2 to 3 months for them to issue the authority to be an Executor (letter of probate) for a simple estate, and potentially years for a complex one.
The cost of submission through lawyers will be upwards of AU$2500 (in addition to the $375 lodgement fee to be paid to the Supreme Court). These costs can be recouped from the deceased person’s estate, as part of settling their affairs.
Only once the grant of probate has been given to the Executor can that person now do many of the tasks required to finalise the deceased’s affairs. (Note: Some places don’t need this documentation, but many do, so finalise as much as you can with places that don’t require this documentation while you’re waiting for it come through. Just tackle one institution at a time otherwise it’s daunting and frustrating; learn how to put your phone on speaker and have something to do [e.g. crosswords] while you’re on hold… you will be on hold a LOT.) |
Aged care residence
|
If your loved one dies in aged care, as my Dad did, then the aged care residence notifies Centrelink and MyAgedCare. This happens very quickly and the person’s record disappears from myGov / Centrelink / MyAgedCare within days.
Refundable Accommodation Deposit (RAD): By law, the RAD is NOT released immediately on death (only on moving out), despite what you may have read. It is ONLY released once the aged care company receives a copy of the letter of probate (authority to act as Executor) from you, and then it is ONLY released to a bank account in the name of the deceased’s estate (e.g. The Estate of Joseph E Blow), with interest accruing from the date of death.
You may find that you cannot set up this bank account until you have the letter of probate (each bank may have different rules), so as soon as you get that letter, set up the bank account (make sure it is in the name that the aged care company wants) and then notify the aged care company of the bank details and forward a copy of the
letter of probate so they can act on your instructions and the RAD can be returned to the deceased’s estate.
Also be aware that the RAD, which could be up to $500,000, is subject to the terms of the Will, no matter who paid it! It goes to the estate and then must be dealt with according to the Will. So if one child paid all the RAD for their parent, they aren’t guaranteed to get it all back unless the parent changed their Will to reflect this.
In my case, the aged care people ONLY paid by cheque, and because it was a big cheque, I had to go into the bank to deposit it into the estate account. Once the cheque cleared, I could then distribute monies according to the Will (everything to Mum, in my case). I held some back in the account to pay a potential final tax bill. If there’s any left, it will go to Mum and I’ll close the account, but I’ll wait until a few months have passed and nothing else comes to light. |
Bank accounts etc.
May need certified copies of any or all of these (each bank’s requirements are different):
- Will
- Death Certificate
- Letter of probate
|
Joint accounts: If the deceased’s spouse is still alive, you will need to change the account to just the one name. Be aware that a bank may freeze the account for a period of time, although that wasn’t my experience.
Credit cards: Be aware that if there’s a single card number with a primary and secondary card holder, the death of one card holder (primary?) may automatically freeze the card for the other. It’s advisable to have separate cards, perhaps with separate banks so that the other person can still pay bills etc. if the credit card is frozen. Note: If direct debit payments are made from that card, contact those suppliers urgently to make other arrangements as those payments will likely be affected as well.
Lesson I learned from this: Make sure each person in a marriage/partnership has their own bank account and credit card, even if there’s only a small amount in them, enough to get by for a few months.
Another lesson learned: For one investment account at a different institution (yes, I’ll name you, Colonial First State), I had to submit my Enduring Power of Attorney (EPoA) and ID again! Even though I’d submitted two EPoA forms and ID some years earlier (one for each of my parents named in their 50/50 joint account), when I needed to change the account to just Mum’s name, they told me the EPoA for MUM was no longer applicable (even though it was DAD who had died, and that was a separate EPoA document). It seems when the primary account holder dies and the account needs to change names to just the surviving spouse, even though everything else remains the same, they rescinded BOTH EPoAs for my parents and so I had to resubmit the EPoA again for Mum’s account. Yes, I had words with them about this ‘rule’ that they have because the EPoAs were for differently named people and so should remain attached to each individual. Mum is still alive so there’s no reason why the EPoA for her should have been rescinded. |
Landgate
(property titles office) |
I had notes to say to let Landgate know of the death, but as my parents were in a retirement village (lifetime lease) this didn’t apply to their situation as they didn’t own their property.
Information: https://www.landgate.wa.gov.au/land-and-property/land-transactions-hub/land-transaction-policy-and-procedure-guides/land-titles/proprietor/dec-01-deceased-proprietor/ |
Water Corporation (utility)
|
If the account is in joint names, it will need to be changed to a single name. If it is in the deceased’s name only, it will need to change to the surviving spouse—this may require the account to be closed and a new one created for the surviving spouse.
If the surviving person is a senior, make sure their WA Seniors Card number and any other concession card information is registered with Water Corp for any government rebates.
The letter of probate is needed to change a joint property into the name of the surviving spouse. Send a copy to contactus@watercorporation.com.au
Procedure for dealing with a deceased estate: https://www.watercorporation.com.au/Help-and-advice/Bill-and-account/Your-online-account/How-to-finalise-a-deceased-estate |
Passport
- Death Certificate
- Passport
- Letter of probate??
|
From the Australian Passport Office’s website: ‘If you report the details to us, we will cancel the passport to ensure it cannot be misused by another person. Take the passport and the original death certificate to an Australia Post passport agency. If you wish to retain the passport as a memento, we will return it to you after it has been cancelled.’ (https://www.passports.gov.au/general-information#deceased-relative-passport)
You must make an appointment at the AusPost branch (typically NOT a licensed post office in another shop); according to their website, the AusPost branch can also do the Australian Tax Office death notification (assuming not done through the accountant or automatically done via Centrelink etc.)
NOTE: The Passport Office’s website says ‘If you report’, which to me implies you don’t have to report the death to them. You may be able to just let the passport expire.
Note also that they say they want the ORIGINAL Death Certificate, so if this is the case, you likely can’t do this until the original is returned to you. Even then, I’d certainly be hesitant to send an original of anything! We will just let Dad’s passport expire. |
Insurance policies
- None (may vary by company)
|
If a house/contents policy is in both names, it will need to go into the name of the surviving spouse. The company may need to start a new policy in that name and cancel the other. Make sure you get a price match with the previous policy—nothing else has changed except the name on the account, so they shouldn’t increase your premium. If they won’t budge, take your business elsewhere.
I found this was very easy to do with my parents’ insurance company and they didn’t require any documentation. NOTE: I was already an authority on their account, which was something we’d set up in the past 12 months when it was clear Dad’s health was failing, so that could be why it was so easy.
My parents didn’t have life insurance.
Lesson learned: Make sure someone other than the spouse is an authority (preferably with an EPoA) on as many accounts as you can, just in case the surviving person is incapacitated or not able to deal with all this stuff. Do this months or years before you’ll need to! |
Drivers licence
- Death Certificate
- Drivers licence
|
From: https://www.wa.gov.au/government/multi-step-guides/what-do-when-someone-dies-alpha-stage/cancel-services-and-notify-organisations/cancel-deceased-persons-wa-drivers-licence: ‘You can return the deceased person’s licence to any Driver and Vehicle Services Centre or regional agent. You will need the deceased person’s date of death, driver’s licence number, date and place the licence was handed in and a certified copy of the death certificate.’
Or I presume you can just let it expire and not renew it, which is what we did. |
ACROD card (for using a disabled parking bay) |
I haven’t done anything with this as I’m not sure if it’s associated with Dad’s car licence or driver’s licence, both of which are no longer in existence or are in the final stages of expiry.
General information: https://acrod.org.au/renew-extend-replace-cancel/ |
Medicare |
Medicare already knew Dad had died (presumably from the other connected federal government agencies, such as Centrelink / MyAgedCare). When I called, they told me that Mum’s Medicare card (she was the second listed on the same card number as Dad) is still valid and when she is re-issued with a new card, she will be the #1 holder of that card.
Services Australia form for death notification to Centrelink, Medicare etc.: https://www.servicesaustralia.gov.au/sa116 |
Australian Tax Office
- Letter of probate
- Death certificate
|
I’m waiting for the finalisation of Dad’s tax affairs, which is currently with the accountant. As I received copies of the death certificate, letter of probate etc. I forwarded them to the accountant so he can deal with the ATO and/or let me know what I have to do, if anything.
Notification of death form: https://www.ato.gov.au/Forms/Notification-of-a-deceased-person/
Also: https://www.ato.gov.au/Individuals/Deceased-estates/ |
Telstra
(phone/internet provider) |
We put their landline phone and internet account into Mum’s name before Dad passed, so there was no change to be made there.
Dad had his own mobile phone while he was in care but it was a full purchase phone with a pre-paid account, so we will let that expire and not renew it.
Other information from Telstra: https://www.telstra.com.au/aboutus/support-in-times-of-need/bereavement-support |
WA Seniors Card
|
Complete the online form: https://www.seniorscard.wa.gov.au/forms-guides/ and email it to info@seniorscard.wa.gov.au. You will get an email back saying they’ve removed the person from their database and advising you to destroy the card.
Phone: 1800 671 233 |
Death Certificate
|
The things you learn… There are 2 types of death certificate—one is from the doctor, and it lists the cause of death and is forwarded to the funeral director, but the ‘real’ death certificate is the legal one. The details (including the cause of death from the doctor) are completed by the funeral director after the funeral and then forwarded to the Registrar of Births, Deaths and Marriages. At the initial meeting with the funeral director they will ask you for your loved one’s details, including the full names of their parents, various dates etc.
The official death certificate is returned to the funeral home about 2 weeks after the funeral, and is collected from there.
You then need to take it to the meeting with the lawyer for them to lodge it with the Supreme Court, so get several notarised copies made when you’re at the meeting with the lawyer. You will need notarised copies of the death certificate for many places. |
Synergy
(electricity utility)
|
If not a joint account (and perhaps if it is), the account in the deceased’s name must be closed and a new account set up for the same address in the name of the surviving spouse. Make sure a new direct debit is set up because the old one can’t be transferred. The only person who can close the account is someone who has authority on the account, and Synergy are very particular about that.
What they don’t tell you is that if there’s any refund due on the now closed account, the account will now be in the name of ‘The Estate of xxx’ and because the person is deceased, any EPoA you have for them is no longer valid. You will have to wait for the letter of probate to claim the refund. Or sign and have witnessed a statutory declaration.
Phone: 13 13 53 (7am to 7pm)
More information: https://www.synergy.net.au/Your-home/Help-and-advice/Bills/How-to-finalise-a-deceased-estate
Email: trustee@synergy.net.au |
City / shire rates
|
Each jurisdiction’s requirements will vary so check with them. |
Australian Electoral Commission
|
Notification Form: https://formupload.aec.gov.au/Form?FormId=Notificationdeath
You only have to provide information about yourself and the deceased person in the online form. They say they will confirm via email, but I didn’t get a confirmation email so I called a few weeks later and it had gone through without any problem. |
RACWA
|
The membership was only in Dad’s name. We did not renew it when it became due. I checked some weeks later and they said because it wasn’t renewed, the membership had expired.
Phone: 13 17 03 |
Funeral director
- Pre-paid funeral receipt (if applicable)
|
You will spend some time talking to the funeral people within the first days after the death. They will ask you questions about the deceased’s birth date, their parents’ full names etc., which all have to go on the death certificate, so make sure you have that information to hand.
My parents had pre-paid funerals, but there were still some extra fees (about $1,600) to pay on top of that already paid some 10 years earlier ($8,000 each).
It’s best if you’ve had discussions about the type of funeral, music, etc. with your parents/spouse/family LONG before the time, as you may not be able to think clearly or make quick decisions.
Other things to do prior to death or immediately after include writing out a death notice for publication in the newspaper (include the dates of birth and death for future genealogists researching your family), and writing a eulogy. Rehearse your eulogy by reading it out loud many times and print it out in large font and good spacing so you can read it at the funeral, even with the tears. Even if you think you’ve nailed it, the emotions on the day can be overwhelming, so have a backup person ready to continue your eulogy if you can’t.
If a cremation, be prepared for an email or phone call from the funeral director some time later to let you know the ashes are ready for collection, and don’t be surprised at how heavy they are. The funeral director explained that some of the weight came from the coffin. |
Doctor |
Meet with the deceased’s doctor and thank them for their care. Ask them to notify any medical specialists your loved one had been seeing. |
Car
- None if transferred before death
|
If it’s clear that your loved one will not be driving anymore, and the car is only in their name, GET IT OUT OF THEIR NAME as soon as possible before they die. We got Dad to sign the transfer papers to put it into Mum’s name a few months before he passed away, and that meant that we could sell his car without having to wait for the letter of probate.
Transferring a car into a spouse’s name only incurs a small fee; if transferred to another member of the family, the usual transfer fee applies.
By transferring early, we weren’t in a legal bind of not being able to sell, or even perhaps drive, the car for several months.
More information: https://www.transport.wa.gov.au/aboutus/deceased-estates-refunds.asp
https://www.wa.gov.au/government/multi-step-guides/what-do-when-someone-dies-alpha-stage/cancel-services-and-notify-organisations/changing-vehicle-ownership-when-someone-dies |
Health insurance (private)
- None, may vary depending on provider
|
HBF in our case. You can do this over the phone, but it may be better to make an appointment at one of their offices as it can take a bit of time. It was a simple process to transfer the joint membership into Mum’s name only (and immediately halved her premium), so do this early on as it’s likely you won’t need specific documentation. A new tax rebate form needs to be signed by the surviving spouse, or by a person with EPoA for them.
HBF: https://www.hbf.com.au/members/member-assistance/death-in-the-family |
Clubs, associations, loyalty programs, etc. |
Let each know and get them to cancel the membership. This is one of those small jobs that you can do early because you likely won’t have to provide proof of death. |
Frequent Flyer |
Transfer any accumulated points to the surviving spouse, a family member etc. BEFORE cancelling the membership. Or transfer the points then just let the membership lapse.
Qantas: https://help.qantas.com/support/s/article/Can-I-transfer-my-Qantas-Points-to-a-family-member |
Online presence |
Dad didn’t have an online presence at all, so this wasn’t an issue for us. For others, though, you’ll need to have usernames, passwords, etc. Social media sites have information on what to do with a deceased person’s accounts.
Don’t forget accounts where there may be money, such as PayPal, Qantas Travel Money etc. Do not close these until you have transferred the money out. Some may require your legal authority (e.g. EPoA) to do so.
Hopefully, your loved one has software or an app or a notebook where they kept all their usernames and passwords… |