$0 Queensland — Funeral Consumer Rights Checklist

What to Do When Someone Dies in Queensland: A Step-by-Step Guide

When someone dies, there's a sequence of practical and legal steps that need to happen — some within hours, some within days, and some in the weeks that follow. Knowing what those steps are, and in what order, prevents costly mistakes and reduces the administrative chaos on top of the grief.

This is the sequence for Queensland.

Step 1: Medical certification of cause of death

The first formal step depends on the circumstances of the death.

Expected death in a hospital, aged care facility, or at home under palliative care: The treating doctor should be contacted. They are required to issue a Medical Certificate of Cause of Death within two working days. This certificate is the foundational document — it's what allows the death to be registered and the funeral to proceed.

Sudden, unexpected, or unnatural death — or if the cause is unclear: Call Queensland Ambulance Service (QAS) and Queensland Police Service (QPS). When a death is sudden or the cause is not immediately known, it must be reported to the Coroner. Do not move the body or disturb the scene unnecessarily before authorities arrive.

The Coroner will investigate and may order a post-mortem examination. In these cases, the timeline for releasing the body and authorizing the funeral is determined by the Coroner's investigation, not the family.

Deaths in custody, during or immediately after a medical procedure, or in any circumstances involving possible third-party responsibility must also be reported to the Coroner.

Step 2: Locate the Will and identify the executor

Once the immediate medical steps are handled, locate the deceased's Will as quickly as possible. The Will determines who the executor is, and the executor has the legal authority and responsibility to arrange the funeral — including the right to override family members if there's a dispute.

Common places a Will might be: with a solicitor, in a home safe, at a bank, registered with the Queensland Supreme Court's Will Register.

If there is no Will, Queensland's intestacy hierarchy determines who has the right to arrange the funeral: spouse or de facto partner first, then adult children, then parents, then siblings.

If you are the executor and family members are pressuring the funeral director to act against your directions, your authority is enforceable. A copy of the Will confirming your appointment is sufficient in most cases.

Step 3: Check for a prepaid funeral contract

Before contacting funeral directors or making any arrangements, search for evidence of a prepaid funeral plan. Many people pre-arrange and pre-pay their funeral, and those contracts specify the funeral director and the services covered.

Look in:

  • The deceased's personal files and paperwork
  • Safe or fireproof box at home
  • Filing cabinet for insurance-type documents
  • Bank records for ongoing payments to a funeral fund or funeral director
  • The Will itself (it sometimes references a prepaid plan)

Using a different funeral director than specified in a prepaid contract can have financial implications and may need to be addressed with the prepaid provider.

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Step 4: Select a funeral director — or consider DIY

Queensland law does not require a funeral director. Families can legally make their own funeral arrangements. However, this requires managing the paperwork, transport, and coordination directly, which most families find impractical in the immediate aftermath of a death.

If selecting a funeral director:

  • Under the Fair Trading (Funeral Pricing) Regulation 2022, funeral directors must publish itemized price lists online
  • You're entitled to ask for the least expensive package
  • You're entitled to a written itemized quote within 48 hours before committing
  • Professional fees and third-party disbursements must be listed separately

Note: Queensland's funeral industry is unlicensed. There is no required professional registration. Check whether the director is a member of the Australian Funeral Directors Association if professional accountability matters to you.

Step 5: Register the death (Form 8)

A death in Queensland must be registered within 14 days of the date of death. Registration is done through the Registry of Births, Deaths and Marriages via Form 8 — the Notification of Death form.

In practice, the funeral director typically handles the submission of Form 8 as part of their service. If you're making your own arrangements, you'll need to submit it directly.

Information required on Form 8 includes the deceased's personal details, date and place of death, the cause of death (from the Medical Certificate), and the names of the next of kin.

Step 6: Order the death certificate

A death certificate is separate from registration. Once the death is registered, you can apply for certified copies of the death certificate from the Registry of Births, Deaths and Marriages.

Cost: $56.20 for standard processing; $89.50 for urgent processing.

Important: Only order from the Queensland Government Registry directly. A number of third-party websites appearing in search results for "Queensland death certificate" charge $100–$160 by adding an agent's fee on top. These are not official government sites. The fee to the Registry itself is $56.20.

Order multiple copies. You will typically need certified copies for:

  • Each bank or financial institution
  • Superannuation fund(s)
  • Life insurance policies
  • Centrelink / Department of Social Services
  • The deceased's employer (if applicable)
  • Probate application (if required)

Six to ten certified copies is a reasonable starting estimate for most estates.

Step 7: Notify relevant institutions

In the weeks following the death:

Banks and financial institutions: Present the death certificate. Joint accounts typically transfer to the surviving account holder, but sole accounts are frozen pending estate administration.

Superannuation funds: Notify the fund promptly. The fund will seek information about dependants and nominated beneficiaries. Superannuation does not automatically form part of the estate — it is distributed according to the fund's trust deed and any valid beneficiary nomination.

Centrelink / Department of Social Services: If the deceased was receiving any government payments, these must be cancelled immediately. Overpayments must be repaid. The surviving partner's payments may also change. Call the bereavement line promptly.

Australian Taxation Office: The estate may need to lodge a final tax return for the deceased for the period up to the date of death.

Electoral roll: The Australian Electoral Commission should be notified.

Medicare / Services Australia: Medicare card should be cancelled.

A note on EPOA

If you held an Enduring Power of Attorney for the deceased, your authority ended at the moment of death. EPOAs and Advance Health Directives are extinguished upon death. From that point, decisions about the funeral and estate administration belong to the executor (if a Will exists) or the person highest in the intestacy hierarchy.

If you were acting as attorney and are now unsure of your role, the answer is: your role as attorney is over. The executor takes over.

One scam to watch for

Third-party websites offering to "help" you order death certificates or apply for probate in Queensland often appear professional and official. Some charge $100–$200 for services that you can do directly and at a much lower cost. The death certificate government fee is $56.20. The probate application fee is $819.90. There is no agent fee required.

For a complete guide to Queensland funeral law — including who has the legal right to arrange a funeral, cremation and burial rules, consumer rights when dealing with funeral directors, and the required paperwork — see the Queensland Funeral Laws & Consumer Rights Guide.

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