What to Do When a Loved One Passes Away: Navigating the Legal Process in Queensland

When a loved one dies in Queensland, grief comes first — but there are also practical and legal steps that need attention, often within the first few days.

This guide walks you through the legal process after death in Queensland, one step at a time, in plain English. You don’t need to remember all of this. We’ve built two free tools to help you keep track as you go: the Estate Planning Checklist and the “Who to Notify” Guide.

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Step 1: Confirm the Death

Contact a doctor or paramedic. They will officially confirm the death — this is the first legal step and everything else follows from it.

Step 2: Notify the Right People

Depending on the circumstances, you may need to contact:

• The local police (if the death happened at home or was unexpected)
• The person’s doctor
• A funeral director

Step 3: Get a Death Certificate

The Queensland Registry of Births, Deaths and Marriages issues death certificates. The executor or a family member can apply online or by mail. You’ll need this certificate for almost every other step — banks, Centrelink, and the courts will all ask for it.

Step 4: Arrange the Funeral

Work with a funeral director to arrange the service, burial, or cremation, following the person’s wishes if these are known.

Step 5: Find the Will

Look for the original will as soon as you can. It will name the executor and set out how the person wanted their assets shared. If you can’t find a will, get legal advice straight away — there are still clear steps to follow, but they’re different.

Step 6: Work Out if Probate Is Needed

Probate is court approval that confirms a will is valid and gives the executor legal authority to act. You’ll usually need it if the estate includes property, shares, or significant savings.

When a loved one dies in Queensland and probate is required, the executor applies to the Supreme Court.

Read more in our full article on probate

Step 7: Tell the Banks and Government Agencies

Once the death certificate is ready, let the following know:

• Banks and other financial institutions
• Insurance companies
• The Australian Taxation Office (ATO)
• Centrelink, if the person received a payment
• Superannuation funds

Cancelling subscriptions and services in the person’s name at this stage also helps avoid ongoing charges.

📋 This is where our free “Who to Notify” Guide really helps

It’s a checklist of exactly who to contact, so nothing gets missed while you’re already dealing with so much. Fill in your details below and we’ll send it to you.

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Trouble opening the guide? Call us on 1300 334 566 and we’ll help.

Step 8: Settle Debts and Share Out Assets

Once probate is granted (if it was needed) and all debts and assets are accounted for, the executor can pay outstanding debts and distribute what remains — following the will, or Queensland’s rules if there’s no will.

Step 9: Finalise the Estate

The last step is closing things out:

1. Lodging a final tax return for the person who died
2. Getting clearance from the ATO
3. Closing the estate bank account

Common Questions When a Loved One Dies in Queensland

What happens if there’s no will?

Queensland’s intestacy laws set out who inherits. A family member may need to apply for Letters of Administration (similar to probate, but for someone who died without a will) to manage the estate.

How long does probate take?

Usually 6 to 12 weeks, though it can take longer if the will is contested or the estate is complicated.

What does it cost?

This depends on how complex the estate is — court fees, legal fees, and any tax obligations all factor in. We can give you a clearer answer after an initial conversation.

How We Can Help

• ✔️ Clear, practical advice on probate and estate administration
• ✔️ Support whether the estate is simple or complicated
• ✔️ Help if there’s a dispute between executors or beneficiaries
• ✔️ Someone to talk to, so you’re not managing this on your own

We regularly support families when a loved one dies in Queensland, from the first phone call through to finalising the estate, in person at our Brisbane (Stafford, Mt Gravatt), Gold Coast (Mermaid Beach), and Sunshine Coast offices, or fully online wherever you are in the state.

Bennett Carroll Solicitors has been helping Queensland families since 1974.

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