Dealing with the loss of a loved can often be an emotional and overwhelming experience.

During such a difficult time, it may be hard to know where to start or what to prioritise.

In such difficult times, knowing what steps to take can help ease the process and ensure that all legal and practical matters are properly handled.

Below are some initial steps surviving loved ones can take in order to ensure the deceased’s estate is property managed:  

1. Locate the Will

Finding the deceased’s Will is crucial, as it outlines the appointment of executors, their final wishes regarding the distribution of their estate, funeral arrangements, and guardianship of minor children.

The Will may be stored at home, with a solicitor or in a safe deposit box. If a Will cannot be located, family members should seek legal advice to determine the appropriate next steps.

2. Identify who will administer the estate

Determine who is responsible for managing the deceased’s estate. If the deceased left a valid Will, the named executor/s will take on this role.

If there is no Will, an eligible family member may apply to the Supreme Court of Queensland for Letters of Administration to act as the estate’s administrator.

3. Make funeral arrangements

Funeral arrangements should be made as soon as possible. This includes selecting a funeral home, deciding on burial or cremation, and addressing any religious or cultural considerations.

If the deceased left instructions regarding their funeral wishes, these should be followed where possible.

4. Obtain the death certificate

A death certificate is a crucial legal document required for administering the estate. The funeral director usually arranges this with the Registry of Births, Deaths and Marriages in Queensland, and it can take a few weeks to be issued.

Once received, carefully check the certificate for accuracy. Errors in details such as name, date of death, or cause of death should be promptly corrected through the issuing authority.

The cause of death may be relevant when applying for probate, especially if the deceased had cognitive impairments such as dementia, as additional evidence may be required to confirm they had legal capacity when making their Will.

5. Arrange care for dependent children and pets

If the deceased had minor children, their care must be arranged immediately. If guardians were named in the Will, they should be contacted.

If no guardian is specified, family members may need to seek approval from the Department of Child Safety to assume responsibility.

Pets also may require immediate care. Arrangements should be made with family, friends, or local animal shelters to ensure their well-being.

6. Secure and value the deceased’s property

To prevent theft or damage, the deceased’s home should be secured. For example, ensuring:

1. doors and windows are locked to protect household and personal chattels;
2. mail is collected; and
3. property insurance is updated. Many insurers require notification if a property will be unoccupied for an extended period. Executors should ensure that insurance premiums are maintained to avoid personal liability for damages, such as fire or theft, in an uninsured property.

As part of the administration of the estate, an executor ought to ensure property in the estate is valued, in order to account to the beneficiaries a full schedule of assets and liabilities.

7. Determining whether a grant of representation is required

A grant of representation is often required to formally recognise the person responsible for administering the deceased’s estate.

The type of grant depends on whether the deceased had a Will and the value of the assets in the estate.

a. Grant of probate (if there is a Will)

If the deceased left a valid Will, the named executor may need to apply for a grant of probate through the Supreme Court of Queensland.

This legal document confirms the executor’s authority to manage the estate, settle debts, and distribute assets according to the Will.

b. Grant of letters of administration (if there is no Will)

If the deceased did not leave a Will (intestate), an eligible family member, usually a spouse or adult child, must apply to the court for a Grant of Letters of Administration.

This grants them the authority to administer the estate under Queensland’s intestacy laws, which dictate how assets are distributed in the absence of a Will.

c. Grant of Letters of Administration with the Will

In some cases, a Will exists but the named executor is unwilling or unable to act. In this situation, an alternative administrator can apply for Letters of Administration with the Will, allowing them to manage the estate according to the terms of the Will.

Regardless of the type of grant, this document is typically required to access the deceased’s financial accounts, transfer property and settle outstanding debts.

When in doubt, get advice

Losing a loved one is a difficult and emotional experience. However, taking these essential steps can help ensure their estate is managed properly.

If you are unsure about your responsibilities as an executor or administrator, whether a grant of representation is necessary, or have concerns with how an estate is being managed, please feel free to contact us for advice.