NSW Funeral Checklist: Documents and Decisions in the First 48 Hours and First Week

The first two days after someone dies in New South Wales involve more statutory deadlines, legal decisions, and paperwork than most people realise. The emotional weight is immense. The administrative burden is real. And the two happen simultaneously.

This checklist is designed to give executors, surviving spouses, and family members a clear sequence for what actually needs to happen — and by when — so nothing critical slips through.

Before Anything Else: Determine the Legal Situation

The moment a death occurs, two questions determine which path you are on:

1. Was the death expected or unexpected?

If the person was under palliative care or had a documented terminal diagnosis and died in circumstances consistent with that condition, the death is likely certifiable by their treating doctor without coroner involvement. If the death was sudden, unexplained, occurred in unusual circumstances, or if no doctor attended recently, you must call 000 and report it to NSW Police. The coroner takes over and the standard funeral timeline does not apply until an Order for Disposal is issued.

2. Did the deceased leave a will?

If yes, the named executor has the legal authority to direct the funeral arrangements. If no will exists, the person with authority is the next of kin under the intestacy hierarchy: spouse or de facto partner first, then adult children, then parents, then siblings. This person will need to eventually apply for Letters of Administration through the Supreme Court of NSW, but they can direct the funeral before that application is made.

Documents Checklist: What You Need and When

Within the First 24 to 48 Hours

Medical Certificate of Cause of Death (MCCD) Issued by the attending doctor. This is the foundational document. Without it, no burial or cremation can occur, and the death cannot be registered. If the doctor cannot certify the cause — for any reason — the death must be referred to the coroner.

If cremation is planned: Cremation Risk Advice (Form 1) This replaces the old "Attending Practitioner's Cremation Certificate" that was abolished when the Public Health Regulation 2022 came into effect. The form must be completed by a medical practitioner and certifies whether the deceased had implanted battery-operated devices (pacemakers, defibrillators, cochlear implants) or received therapeutic radioactive injections within the 12 months before death. Both pose physical risks to crematorium staff and equipment if not identified. This is not a form that certifies the cause of death — it identifies hazards only.

Application for Cremation Signed by the executor or nearest surviving relative if there is no executor.

Identification for the deceased You will need to provide Medicare card, driver's licence, passport, or another form of identification to the funeral director and to the BDM when registering the death.

Location of the original will The executor will need the original document, not a copy, for the Supreme Court probate application later.

Within 3 to 7 Days

Cremation Permit (Form 6) Issued by an independent Medical Referee after reviewing the MCCD and Cremation Risk Advice. The referee must be satisfied that the death was from natural causes, that the identity is confirmed, and that no suspicious circumstances exist. Without this permit, cremation cannot proceed. This permit is arranged by the funeral director, but it is worth confirming it is in progress.

Death Registration with NSW BDM The death must be registered within 7 days of the burial or cremation with the NSW Registry of Births, Deaths and Marriages. In practice, the funeral director typically lodges this electronically on the family's behalf. However, you need to provide them with detailed information about the deceased, including:

• Full name and address
• Date and place of birth
• Occupation
• Marital history: date and place of marriage, full name of spouse
• Full names and ages of all surviving children
• Full names of both parents, including the mother's maiden name

This information can catch families off-guard. It requires more biographical detail than most people expect. Gather it early.

NSW BDM Death Certificate application Once the death is registered, you can apply for the official Death Certificate. This is distinct from the MCCD — it is the formal government-issued document required by banks, property registries, life insurance companies, and the Supreme Court for probate. Fees are currently $68 for standard service (up to 3 weeks online, up to 4 weeks via Service NSW) or $101 for priority service (up to 2 weeks online). Apply through the Service NSW portal or a Service NSW centre.

Within 28 Days

Notification to Services Australia (Centrelink) If the deceased received any Centrelink payments — Age Pension, Disability Support Pension, Carer Payment — the estate must notify Services Australia within 28 days of the death. Delays result in overpayments that the estate must repay.

Notification to the ATO For tax purposes, the ATO should be notified. The deceased's final income tax return will need to be lodged for the period up to the date of death.

Notification to the Department of Veterans' Affairs (DVA) If the deceased received any DVA entitlements or pensions, DVA must be notified within 28 days.

The First Week: What the Executor Actually Does

While the documentation above is being gathered, the executor has simultaneous decisions to make:

Secure the estate's assets. Contact banks to notify them of the death, request date-of-death balances, and establish what threshold applies at each institution before formal probate is required. Australian major banks generally require probate for estates over $50,000 to $100,000 (the threshold varies by institution), but they will release funds to cover funeral costs as a priority expense against appropriate documentation — typically the death certificate, the will, and the funeral invoice.

Contact the funeral director with a confirmed brief. Confirm the type of service (burial or cremation), location, date, whether a viewing is wanted, and what is to be included. Request an itemised written quote before signing anything. Under the NSW Funeral Information Standard, this is your legal right.

Locate insurance policies. Life insurance claims require a death certificate, a claim form, and policy documentation. The sooner these are identified, the sooner the funds can be unlocked to cover estate expenses.

Check for pre-paid funeral arrangements. The deceased may have pre-paid for a funeral through a registered funeral trust. If so, contact the funeral director named in the pre-paid contract. The funds should be held in a registered trust and must be transferred within 10 days of the original contract being entered — meaning they should already be secured. Contact the fund directly to confirm this.

Coronial Matters: A Different Timeline

If the death has been referred to the NSW Coroner, the checklist above does not fully apply until the Coroner issues an Order for Disposal. You can still:

• Apply for the death certificate (the BDM will issue a certificate based on the coroner's documentation)
• Notify Centrelink and other agencies (these notifications can proceed based on the date of death)
• Make funeral arrangements in principle with a funeral director (including paying a deposit)

You cannot, however, schedule a definitive funeral date or proceed with cremation or burial until the Order for Disposal is issued.

What This Checklist Does Not Cover

The first 48 hours and first week are the most urgent part of the administrative process, but they are not the whole picture. Probate — the Supreme Court process required to transfer the deceased's property — must be filed within six months of the date of death, and that process involves additional documents, legal notices, and fees based on the gross value of the NSW estate.

For a full picture of the administrative process from death through estate distribution, including all the forms, Supreme Court fees, and bank communication templates, see the NSW Funeral Laws & Consumer Rights Guide.

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