Packing up the Deceased's Home
Packing up the home or residence of the will maker can be an emotional task and it’s not unusual for family members to want to spend time in the deceased person’s home as part of their grieving.
The timeline to pack up a deceased person’s home will depend on where they were living at the time of their death and if there is a spouse, dependant or other person living in the residence.
Property rights, estate administration and inheritance can be complex. It’s important to seek legal advice around your specific circumstances if someone is living in the deceased person’s house.
- Ensure the property (including contents) are insured if they aren’t already
- Switch off any electrical equipment that isn’t required
- Remove perishable goods from fridges and freezers
- Arrange mail re-direction
Belongings and other items found in the home or residence may have great sentimental value and beneficiaries often have a desire to take possession of certain items straight away.
However, unless items are specifically willed to a beneficiary the deceased person’s items form part of the estate and can only be distributed once they’ve been officially recorded and the full value of the estate is known.
You can distribute specific items that have been willed to a beneficiary before the estate is finalised. We recommend you document when the item was collected and the beneficiary name and signature in case a future claim is made.
All contents remaining after beneficiaries have received willed items need to be valued and included on the assets and liabilities register.
The number of belongings in a deceased person’s home can feel overwhelming, particularly if they lived in the property for an extended time.
There are often unwanted items left over after beneficiaries have claimed willed items and any other items are distributed.
Some ideas for shifting unwanted items include:
- Gifting to neighbours or specific people or organisations in the community
- Gifting to charities
- Gifting through local online giveaway pages
- Selling through Marketplace or Gumtree
- Recycling (contact the council to find out the rules around recycling)
- Disposing in a skip
- Disposing of through curbside collection
- Disposing to landfill (check if the deceased person’s rates include disposal vouchers)
The executor or administrator will usually need to cover the initial costs of cleaning, maintenance, rubbish removal and any off-site storage before claiming these expenses from the estate prior to distribution.
It’s important to keep receipts and records of any expenses you have incurred on behalf of the estate and be transparent with beneficiaries about the costs associated with these tasks.
Next steps if the deceased owned their home
You may not want or need to clear the residence right away – this will give you time to decide if beneficiaries wish to clear the home and generate rental income, or sell the property (be aware there can be tax implications from generating rental income).
Preparing a property for sale, rental, or to enable family members or a beneficiary to move in can be an emotional time.
Step 1: Secure the property to ensure it’s safe from theft, vandalism or damage. You may need to request keys from family, friends, and neighbours or change the locks.
Step 2: Locate important documents that will be required for estate administration including the will, bank statements, insurance policies, shareholding statements, superannuation statements, tax records and proof of identity documents.
Step 3: Make an inventory of assets within the property for the assets and liabilities register and distribute any items specifically willed to beneficiaries.
Step 4: Sort through personal belongings (this includes digital assets) with other family members or beneficiaries. Confirm items to be kept, sold, or given away to avoid disputes.
NB: House contents can be stored elsewhere and sorted at a later date to enable the clean up to progress more quickly.
Step 5: Obtain an appraisal for valuable items such as jewellery, art or antiques.
Step 6: Employ contractors or undertake any maintenance and cleaning of the property and/or undertake any repairs required to ensure the house is sellable or in a liveable condition including, painting, replacing carpets and fixtures, and replacing any structural damage.
Step 7: Depending on the contents of the will, the house can be sold or ownership transferred once a grant of probate or letters of administration have been received.
If the deceased rented their home
You’ll likely want to clear the residence as soon as possible so you can hand the property back to the managing agent or landlord and stop paying rent.
Step 1: Secure the property to ensure it’s safe from theft, vandalism or damage. You may need to request keys from family, friends, and neighbours.
Step 2: Locate important documents that will be required for estate administration including the will, bank statements, insurance policies, and details of letting agent or landlord.
Step 3: Inform the letting agent or landlord in writing of the death.
Step 4: Request a copy of the rental agreement so you can determine if the lease was held only in the name of the deceased what the lease obligations are, if breaking a lease due to death is allowed, what the notice period is, and bond claim procedures.
Seek advice from RentRight SA or Renting & Letting Advice | Consumer and Business Services if the lease is held by joint tenants or if you require clarification.
Step 5: Make an inventory of assets within the property for the assets and liabilities register and distribute any items specifically willed to beneficiaries.
Step 6: Sort through personal belongings (this includes digital assets) with other family members or beneficiaries. Confirm items to be kept, sold, or given away to avoid disputes.
NB: House contents can be stored elsewhere and sorted at a later date to enable the clean-up to progress more quickly.
Step 7: Obtain an appraisal for valuable items such as jewellery, art or antiques.
Step 8: Employ contractors or undertake any maintenance and cleaning of the property to restore it to its original condition in preparation for handing it back to the leasing agent.
Step 9: Request a bond refund. Click HERE for more information.
If the deceased lived in a nursing home or supported living
Step 1: Locate important documents that will be required for estate administration including the will and bank statements.
Step 2: Find or request a copy of the nursing home contract to determine the notice period and other terms agreed upon.
Step 3: To accelerate the clearance, pack up and store all furniture, and personal belongings to sort through with other family members or beneficiaries off-site. Confirm items to be kept, sold, or given away to avoid disputes.
Step 4: Distribute any specific items listed in the will.
Step 5: Once probate or letters of administration have been granted the Refundable Accommodation Deposit (RAD) or aged care accommodation bond can be claimed (if relevant). You can find more information about RAD refund claims at My Aged Care.
NB: House contents can be stored elsewhere and sorted at a later date to enable the clean-up to progress more quickly.
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.