What to Do When Someone Dies in the Australian Capital Territory

The days immediately after a death in Canberra are pulled in two directions at once. There are things that feel urgent but can wait, and things that don't feel urgent but have legal deadlines attached. Confusing the two is where most people make their first mistakes.

This guide covers the ACT estate settlement process from death to final distribution — what to do, in what order, and what you'll need for each step.

The First 24 to 48 Hours

Secure medical pronouncement. A medical practitioner must issue a Medical Certificate of Cause of Death before any funeral arrangements can proceed. If the death was unexpected, sudden, or occurred in unusual circumstances, it is referred to the ACT Coroner. In coronial cases, the standard Access Canberra death certificate cannot be issued immediately — but an interim death certificate can be requested, which is sufficient to begin most administrative tasks.

Choose a funeral director and check cremation requirements. If cremation is chosen, the Cemeteries and Crematoria Act 2020 requires an independent Medical Referee (appointed by the Cemeteries and Crematoria Authority) to issue a separate permit before cremation can proceed. Do not finalise service dates until this permit is confirmed — the Medical Referee review can cause delays, particularly if coronial inquiries are also underway.

Stop using any Enduring Power of Attorney immediately. This is critical and frequently overlooked. All Enduring Powers of Attorney, Advance Health Directives, and ACAT Financial Management orders become legally void the moment the person dies. Any transaction made using a deceased person's EPoA after death is an unauthorised transaction. Control of the estate passes exclusively to the executor named in the Will — or, if there is no Will, to whoever the court eventually appoints as administrator.

Secure property. Lock the deceased's home, secure vehicles, remove cash and portable valuables, and make arrangements for any pets or dependent animals.

Week One: Documents and Notifications

Death registration and certificate. The funeral director registers the death with Access Canberra within seven days — this is done at no cost. However, the actual Death Certificate is a separate document that you must actively apply for. It costs $52 plus postage (registered mail within the ACT: $12; express interstate: $10). Processing takes up to 15 business days from the date Access Canberra receives the complete application.

Only immediate next of kin (current spouse, parent, adult child) can apply directly. If you are the executor but not immediate family, you'll need the original Will as evidence of your authority, or a third-party consent form from the immediate family.

Notify Centrelink and the DVA. This is time-sensitive. Centrelink will continue paying any pension or benefit until notified and will then issue a debt for the overpayment period. These overpayment notices arrive weeks or months later, when the family is least expecting them. Notify both Centrelink and the Department of Veterans' Affairs as early as possible — phone is usually faster than online for deceased estate notifications.

Notify the primary bank. Contact the bank's estate administration team (not a branch teller) to freeze sole accounts. Importantly, most banks will pay an outstanding funeral invoice directly from the deceased's frozen account upon presentation of the invoice — this allows the estate to cover funeral costs without the family paying out of pocket.

The First Month: Probate Decision

Locate the Will. The original Will is essential. Check with the ACT Public Trustee and Guardian's Will Register, the deceased's solicitor, and any home safe or documents folder. Do not remove any staples from the Will — even for scanning — as the ACT Supreme Court treats a removed staple as potential evidence of tampering.

Assess whether probate is required. Probate is not automatic — it depends on what the estate contains. If the deceased owned real property in the ACT (either solely or as a tenant in common), the Land Titles Office requires a Grant of Probate before any transfer can occur. Banks also require probate before releasing funds from sole accounts that exceed their internal thresholds (typically $40,000 to $100,000 depending on the institution).

For small estates with no real property, alternatives exist: the ACT Public Trustee and Guardian can administer estates valued under $150,000 via an election process, and individual banks may release smaller balances through indemnity forms without any court involvement.

Publish the probate notice. If probate is required, the first step is publishing a Notice of Intention to Apply on the ACT Supreme Court's online portal — this process moved entirely online in March 2022. The notice fee is $61. After publication, you must wait a minimum of 14 days before filing the actual application. The maximum window is 3 months — if you miss it, you pay and republish, resetting the clock.

Months Two to Six: Court Authority and Asset Administration

File the probate application. The ACT Supreme Court application requires Forms 3.1 (Originating Application), 3.4 (Grant of Probate in duplicate), 3.11 (Affidavit of Applicant), and 3.14 (Affidavit of Search), along with the original Will and Death Certificate. Filing fees are tiered by the gross estate value: estates between $50,000 and $249,999 attract a $1,124 fee.

Open an estate bank account. Once the Grant of Probate is received, open a dedicated estate account under the name "Estate of [deceased]". All estate income and payments flow through this account to maintain a clean, auditable record.

Transfer real property. For property held as joint tenants, the surviving owner files a Notice of Death by Surviving Proprietor (Form 015-ND, $178) — no probate needed for joint tenancy. For sole ownership or tenants in common, a Transmission Application (Form 032-TA, $178) is required after probate is granted. Property transferred in full conformity with the Will is exempt from ACT conveyance duty under the Duties Act 1999.

Transfer vehicles. Vehicle transfers from deceased estates incur no standard transfer fee and are exempt from motor vehicle duty. You'll need the Death Certificate, the Will (or a statutory declaration if there is no Will), and in some cases written consent from other beneficiaries.

The Final Phase: Distribution and Tax

Wait for the six-month family provision window. Under the Administration and Probate Act 1929 and Family Provision Act 1969, eligible persons — spouses, domestic partners, children, and financially dependent stepchildren — have six months from the date the Grant of Probate is issued to bring a claim against the estate. Distributing before this window closes exposes you as executor to personal financial liability.

Publish a Notice of Intended Distribution. Publish Form 1 on the ACT Supreme Court portal before distributing the residual estate. This gives any unknown creditors a final 30-day window to submit claims and provides you with statutory protection after that window closes.

Lodge estate tax returns. The estate is a taxable entity. You must apply for an Estate Tax File Number, lodge a final individual tax return for the deceased covering the period to the date of death, and lodge trust tax returns for any income earned by the estate during administration. Distribute only after obtaining ATO clearance.

If you're managing an estate in the ACT and want a complete guide with checklists, form-by-form instructions, and template letters for banks and agencies, the ACT Estate Settlement Guide covers the full process from the first 48 hours through to final distribution.

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