When someone passes away, it can be an emotionally upsetting and expensive time.
When a loved one dies it is a time of sadness and grief. Just when it may be difficult to think clearly there may be decisions to be made about the funeral, and how to deal with their belongings and debts. From notifying government agencies and financial institutions to arranging a funeral and dealing with any outstanding debts, the list of tasks can seem endless.
This article provides guidance on these tasks, including information on your legal rights, paying for a funeral, and a checklist of what needs to be done. We also provide helplines and resources for support.
Checklists and notifications
We have compiled some helpful fact sheets. In particular, if you or the person who has passed away is eligible for Centrelink payments, be sure to click the Services Australia link.
| Resource | Organisation |
| Checklist: what to do when someone dies | Australian Tax Office |
| What to do when a loved one dies | Services Australia |
| Coping financially after the loss of your partner | Moneysmart |
| Notifying multiple organisations that someone has died | Australian Death Notification Service |
Help paying for the funeral
Funerals can be expensive. You may be eligible for financial support from your State or territory government.
| Australian Capital Territory | Funeral Assistance |
| New South Wales | Get financial support when someone dies |
| Northern Territory | Arrange for funeral costs to be paid |
| Queensland | Funeral Assistance Scheme |
| South Australia | Funeral Assistance |
| Tasmania | What to do when someone dies |
| Victoria | Bereavement assistance |
| Western Australia | Bereavement Assistance Program |
Funeral insurance
Funeral insurance works by giving you a lump sum payment for funeral expenses when someone dies. Funeral insurance is not the same as saving money for a funeral, instead, you are paying for insurance to meet those costs in the future. It is possible that you will end up paying more in premiums than you receive in the lump sum payment.
For more on funeral insurance, visit the Moneysmart website.
The financial process and terms when someone passes away
After a person passes away, their money and assets are distributed to their next of kin, or anyone else chosen as a ‘beneficiary’ according to the person’s last wishes. Those wishes are expressed through a ‘will’.
What does the will do?
A will is a legal document that sets out what a person wishes to happen to their property (known as their ‘estate’) after they pass away.
The will also appoints an ‘executor’, which is a person who carries out the will’s instructions and distributes the deceased person’s assets. Together, those assets are called the ‘estate’ of the deceased.
Who writes the will?
A will can be made by anyone over 18. Wills tend to be written by legal professionals according to a person’s wishes. While it’s possible to write a will by yourself, many prefer to have a legal professional involved.
Help with making a will
Different Australian states and territories have specific laws and regulations around this process.
| Australian Capital Territory | Wills |
| New South Wales | Making a will |
| Northern Territory | Make a will |
| Queensland | About Wills |
| South Australia | Wills Brochure |
| Tasmania | Making a Will |
| Victoria | Wills and estates |
| Western Australia | Wills |
Legal help with wills
The distribution of someone’s assets can be complex. So, it’s important to know that there are legal processes for how things happen, and that there are also plenty of resources and services available to help.
Where to learn about wills and get free legal advice:
| Australian Capital Territory | ACT Public Trustee and Guardian |
| New South Wales | NSW Trustee and Guardian |
| Northern Territory | Northern Territory Government |
| Queensland | Queensland Government |
| South Australia | South Australia Public Trustee |
| Tasmania | Tasmania Legal Aid |
| Victoria | Victoria Legal Aid |
| Western Australia | Western Australia Legal Aid |
Tax and inheritance
Anything a person receives from the estate of someone who has passed away is called an ‘inheritance’. Once it’s handed to you, you become the legal owner of those assets. While there are no taxes on inheritances in Australia, you may be taking on the tax obligations of any assets you inherit.
With very few exceptions, a person’s debt cannot be transferred to other people upon their death, even if the value of the estate can’t cover the debt.
If the person who passed away had any debts
Usually, any outstanding debts will be paid by the estate. If the estate cannot cover the outstanding debt, including through the sale of assets, the debt may be forgiven.
If the person who passed away had a form of life insurance or loan repayment insurance like mortgage protection, the insurance fund may cover the value of the debt.
Usually, other people are not responsible for paying the debts of someone who has passed away. Unless one of the following circumstances apply, a lender cannot legally force family members to pay the debts of someone who has died.
Another person is responsible for paying the debt when the debt is:
- secured against a particular asset that is owned by someone else
- in joint names with someone else
- guaranteed by someone.
📌 See our loans and debt page.
What happens if there’s no will?
When someone dies without a will, the laws of the state or territory they live in lay out how their estate is distributed. If the person who has passed away does not have a will, this is called ‘dying intestate’.
In cases like these, rather than having an executor, the next of kin can apply to become the administrator of the estate – and this may involve a court. The estate itself is distributed according to the law.
See information for your state or territory:
| Australian Capital Territory | Dying Intestate in the ACT |
| New South Wales | Dying without a Will |
| Northern Territory | Taking control of the estate (scroll to ‘When no will exists’) |
| Queensland | Intestacies |
| South Australia | When there’s no Will |
| Tasmania | No Will – What Happens? |
| Victoria | If someone dies without a Will |
| Western Australia | Dying without a will |
More information on wills
Victoria’s Council on the Ageing (COTA) has information on wills, Powers of Attorney, and advanced care planning, as well as many other matters relating to someone passing away.
Getting financial help after someone passes away
Here are some options to get help with money after a loved one has passed away. This list may not be exhaustive.
| Centrelink recipients | Bereavement assistance payment is available to some Centrelink payment recipients. There are eligibility requirements, and the assistance is dependent on the type of payment you receive. When an adult dies When a child dies | |
| First Nations people | There are support organisations in the states and territories that may be able to help when the person who has passed away is a First Nations person. Paying for funerals | |
| NDIS participants | The National Disability Insurance Scheme has a bereavement support team for advice on navigating the system. What to do when someone dies | |
Helplines
Talking to a helpline can help you work through the complicated emotions surrounding the death of a loved one. Be sure to take care of yourself.
| Organisation | How to get help |
| Griefline Free grief support and resources | 1300 845 745 Online forum Support groups |
| Thirrili Support for First Nations people | 1800 805 801 |
| Lifeline Crisis support services | 13 11 14 Online chat |
| Beyond Blue Mental health support services | 1300 224 636 Online chat |
| MensLine Australia Information and referral service for men with family and relationship concerns | 1300 789 978 Online chat |
This information was last updated on 5 June 2023.
The links and resources in this article have been compiled and reviewed by the Brotherhood of St. Laurence. We aren’t responsible for what you’ll find at the links, though we do hope you find the information useful. See our disclaimer if you’d like to know more.
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