What to do when someone dies

The death of a loved one is never an easy time, but it can be made even more confusing and stressful if you're also the person who is responsible for administering the estate. Unless you have been through the process before, you likely have no idea where to begin.

Your number one priority should be to take care of people and pets. If the death was unexpected (or sometimes even if it wasn't), there may be dependent family members or pets at home that require immediate care that cannot wait for legal formalities. If you or another trusted person are not able to attend at the home personally and you have concerns for the occupants, contact the local police and ask them to undertake a welfare check at the deceased's home.

The next step must be done before any of the following steps - figure out who is in charge. Generally (hopefully) the deceased has left a will appointing one or more executors. The executor is now in charge of everything to do with the estate, including the funeral, the deceased's home, pets, assets, bills, bank accounts, etc. (Read this if you can't find a will.) Sometimes there are multiple executors, but the result is still the same - they are jointly in charge of the estate.

The executor is responsible for arranging the funeral. In practice, often this is done by the family, if the executor is not a close relative (for example, if a lawyer was appointed as executor). The estate will pay the funeral costs, but the executor should avoid running up excessive funeral costs if the estate may not be able to pay them. If you are unsure about the deceased's wishes for their funeral and you believe they may have made requests in their will, you should check the will or make enquiries with the lawyer holding it, if applicable, to see if any funeral wishes have been included. Funeral wishes in a will are not binding on the executor but they can help to determine what the deceased may have wanted.

After the funeral is a good time to speak to a lawyer, if you haven't already, to see what needs to be done next. The lawyer will need to see the original death certificate and will, and should also be provided with details of the deceased's assets and liabilities. You should then be advised whether or not a grant of representation might be required, or otherwise how the administration of the estate will proceed.

Whilst you do not normally need to rush to contact a lawyer until after the funeral, you should not hesitate to contact one if you need assistance prior to the funeral, or at any other time. If you have lost a loved one and need immediate advice, please contact me on 0422 699 504 for a free initial phone consultation.