Losing a loved one is one of life’s most difficult experiences. Amidst the grief, you may find yourself wondering what practical steps need to be taken, especially if you’ve been named as an executor in their Will. Understanding what needs to happen – and when – can help reduce stress during an already challenging time.

At Complete Legal, we regularly assist families and executors through the process of administering a deceased person’s estate with our wills and estates services. This involves executing the person’s Will, settling any debts, and distributing the remaining assets to beneficiaries according to their wishes.

One of the most common questions we receive shortly after someone passes away is: What do we have to do now, and when do we have to do it?

The good news is that in most cases, there is no immediate urgency to commence formal estate administration.

Take Time for What Matters First

It is perfectly acceptable – and often advisable – for loved ones or executors to focus first on arranging and conducting the deceased person’s funeral before turning attention to the legal and administrative tasks of estate administration.

Grief takes time, and the law recognises this. While there are practical steps you can take early on, the formal administration process does not need to begin immediately.

Practical Steps You Can Take Straight Away

If you do feel ready to start taking action, there are several practical steps that can be helpful in the early stages:

Notify Centrelink (if applicable)

If the deceased person was receiving a Centrelink benefit, notifying Centrelink early can help avoid overpayments that will ultimately need to be repaid from the estate. Overpayments are common and nothing to panic about, but they do need to be addressed during the administration process.

Secure the deceased’s property

If the deceased person lived alone, take steps to ensure their property is secure. This includes locating all keys, locking the property, and arranging for someone to check on it regularly if it will be uninhabited for a period of time.

Arrange care for pets or animals

If the deceased lived alone but had pets or animals under their care, you should make reasonably immediate arrangements for someone else to care for them.

Notify recipients of regular payments

If the deceased person was making regular payments that might be interrupted by their death – such as rent on a property – it can be helpful to notify the recipient of what has occurred. In the case of a rental property, you can do this by contacting the real estate agent who manages the tenancy.

Start gathering financial information

You can begin gathering information about the deceased person’s assets and liabilities. If you are an executor, your solicitor will need documents such as:

• Bank statements
• Dividend statements for shares
• Term deposit statements
• Loan statements
• Credit card statements
• Other paperwork that provides information about the deceased person’s assets and liabilities

These do not necessarily need to be the most current statements, but they should be recent and include reference numbers that can be used by your solicitor to communicate with the relevant asset or liability holders.

Attend to day-to-day matters

Other practical steps will depend on the circumstances. For example, if the deceased lived alone, it might be wise to arrange for their refrigerator to be emptied of any perishable food, bins to be taken out, and other day-to-day tasks the deceased person might have ordinarily completed themselves.

What Happens Next: The Formal Estate Administration Process

The first formal step an executor or their solicitor will take is to ascertain the nature of the assets and liabilities of the deceased person’s estate. This usually involves sending letters or emails to asset holders and liability holders, which is why the financial statements mentioned above are so helpful – they allow the deceased person’s accounts to be easily identified by reference to an account, customer, or client number.

From there, the estate administration process will involve:

• Applying for a Grant of Probate (if required)
• Paying any outstanding debts and liabilities
• Distributing the remaining assets to beneficiaries according to the Will

Remember: There Is No Pressing Urgency

In most cases, there is no immediate deadline to commence formal estate administration. The law allows executors and families time to grieve and to organise practical matters before beginning the legal process.

If you are an executor of a Will, or you have lost a loved one and are concerned about what to do next, we are here to help.

Get Expert Guidance When You Need It Most

Administering an estate can feel overwhelming, especially during a time of grief. At Complete Legal, our estate lawyers provide clear, compassionate guidance to help you understand the process and take the right steps at the right time.

If you need assistance or simply want to talk through the process over the phone to put your mind at ease, contact our team today. We’re here to support you through every step.