Immediate Tasks for The Executor or Next-of-Kin
If you are named in the will as the executor there will be a number of immediate tasks you need to attend to following a death. If there is no will or a will cannot be located these tasks will need to be completed by the next-of-kin or a close family member.
Go slow and take your time
Your job as executor is to be the heart and head of your loved one. This can be an exhausting and emotional task and you are often being asked to make decisions on behalf of the deceased person - so it’s important to ensure you have the support and tools available to look after yourself. Many executors jump straight into "fixing" mode and don't take the time to think through their decisions, long-term legal or emotional complications, or the length of time they may be carrying on these duties. Go slow and take your time.
Read more about the role and responsibilities of being an executor or administrator HERE.
Arrange immediate care for children, vulnerable adults, and/or pets
Long-term guardians will be nominated in the deceased’s will or will be decided by the court but it’s your job to ensure any children, vulnerable adults and/or pets are safe in the short term.
Secure and insure any property
Secure the deceased’s property and other assets immediately (if necessary photograph and document any valuables you have removed from the property for safekeeping).
As the executor you are responsible for ensuring all assets are protected on behalf of the beneficiaries - we recommend you take out an insurance policy for the FULL value of any property and contents.
If you don’t know or can't find the details of the deceased’s insurance provider, arrange a cover note with your own insurer.
Locate a valid will
A will determines who has legal authority to make decisions, who is responsible for the care of any children, pets or business operations, plus details of any funeral directions. Contact us if there is no will or you can’t find one.
Read more about finding the will and other important documents HERE.
Make funeral arrangements
As soon as you have received a Certificate of Cause of Death from the attending medical practitioner (this is not the same as a death certificate) you can begin to make funeral arrangements.
Read more about funeral arrangements HERE.
Contact important people
Contact immediate family, friends and other important organisations – be clear about whether the death of your loved one is to remain private or if you are happy for people to post messages on social media or communicate the news with others.
Read more about contacting friends and family HERE.
Contact Centrelink
If the deceased is receiving Centrelink payments, you should notify them as soon as possible to cease payments.
Read more about contacting government departments HERE.
Pack up rental property or nursing home room
If the deceased owned their own home there’s no need to do anything at this point – you are unable to sell their home until you have received a grant of probate. If they were residing in a nursing home, hospice or hospital you will be required to vacate the room as soon as possible. If the deceased lived in a rental home you may want to make arrangements to vacate the property to avoid paying rent for a long period of time.
Read more about packing up the deceased's home HERE.
Start making a list of assets and liabilities (debts)
You will need to provide a comprehensive list of all the assets and liabilities of the estate for the estate administration process. While this isn’t urgent, you can start gathering the information at any time.
Read more about compiling an assets and liabilities list HERE.
Keep records of any expenses or payments
Keep receipts, invoices and records of any payments or expenses you incur on behalf of the estate. These will be reimbursed to you before the distribution of the estate is finalised.
Read more about being reimbursed for testamentary expenses HERE
Disclaimer: All estate management information provided in this document is general in nature and may not apply to your specific circumstances. Please seek independent, specific legal advice from Your Estate Lawyer for your unique situation.