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.
| 📋 Download our free Estate Planning Checklist — a simple way to see what needs doing and in what order. |
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.
| Can’t find a will, or not sure if one exists? Call us on 1300 334 566 — we can help you check. |
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.
Not sure if probate applies to your situation? We’re happy to check for you. Call 1300 334 566.
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. [Download it here] |
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:
- Lodging a final tax return for the person who died
- Getting clearance from the ATO
- Closing the estate bank account
A note for executors: taking on this role comes with real legal responsibilities, and mistakes can carry personal liability. You don’t have to manage this alone — we regularly guide executors through the whole process. Read more on this by clicking here.
Common Questions
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 clear estimate 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.
Call us on 1300 334 566, click here to email,or fill in the form below and we’ll be in touch.
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