Wills and estates

When a person dies, a doctor must confirm the death and issue a Medical Certificate Cause of Death. The doctor, executor, next of kin, relative or funeral director must then register the certificate with the NSW Registry of Births, Deaths and Marriages within seven days. After registration, the NSW Registry of Births, Deaths and Marriages will issue a​ Death Certificate to the next of kin or funeral director.

If the person died of sus​picious or unusual circumstances, or if the cause of death is unknown then the doctor must notify the police in order to begin a coronial investigation. In some cases an inquest will be held before a coroner to find out information about when and how the person died.

When a person dies particular people and organisations should be notified of the death, including the superannuation fund and the bank.

For more information, see Who to notify. 

After the Death Certificate is issued, there are a number of things an executor or next of kin must do. If the person had a will, the executor of the will is responsible for making funeral arrangements. If the person did not have a will, the next of kin, relative or close friend is responsible for making funeral arrangements.

The person arranging the funeral is responsible to pay the funeral director. The deceased may have a pre-paid funeral plan or insurance policy which will pay for the funeral.

For more information, see Funerals.

A will is a legal document which explains how a person wants their assets to be distributed after they die. After someone dies, the next of kin must first find out if the deceased had a will.

For more information, see Searching for the will.

After a person dies, the executor or next of kin will need to work out whether it is necessary to apply to the NSW Supreme Court for Probate or Letters of administration. To do this they will need to gather details of the deceased's estate, including their assets (property and money) and debts.

For more information, see What to do with the estate.

If you are an executor named in a will, you may need to apply for and get a Grant of Probate from the Supreme Court of NSW before distributing the deceased person's estate.

For more information, see Applying for Probate.

If the deceased died intestate (without a will) or did not name an executor in a valid will, or the executor is unwilling or unable to act, you may need to apply for and get a grant of Letters of Administration from the Supreme Court of NSW before distributing the deceased person's estate.

For more information, see Applying for Letters of Administration.

If the deceased owned property in NSW and you have obtained a grant of Probate or Letters of Administration outside of NSW, you will need to apply to the Supreme Court of NSW to reseal the grant before you can deal with the property in NSW. This means that the grant will be recognised in NSW.

Not all grants from other countries can be resealed by the Supreme Court of NSW.  The Court will only reseal grants made in countries of the 'Commonwealth Realm'.  This includes New Zealand, Papua New Guinea, Solomon Islands and countries within the United Kingdom; Scotland, England, Northern Ireland and Wales.

Before you file your application, you can check with the Supreme Court Probate Office if you are unsure whether the grant you have obtained from another Commonwealth country can be resealed in NSW.

The Supreme Court of NSW will only reseal a grant if the deceased owned property in NSW.

If you live outside of NSW, you may choose to appoint a power of attorney in NSW or a lawyer in NSW to make an application on your behalf.  

For more information, see Step by step guide: Applying for a reseal of a grant.

After the court has made a grant of Probate or Letters of Administration, the executor or administrator is responsible for collecting assets and paying debts before the estate can be distributed to beneficiaries.

For more information, see Distributing the estate after Probate or Letters of Administration.

If you have been left out of a will or did not receive what you believe you were entitled to from the estate, you may be eligible to make a family provision claim.

For more information, see Family Provision claims.