Executor Handbook NSW | What to Do in the First Two Weeks
Most things can wait. A few can't. This is what to handle in the first fortnight after someone passes away.
The first two weeks are about registration, protection, and notification. You're not making long-term decisions yet. You're securing the immediate situation so nothing gets lost or damaged while you work out what comes next. Take it one day at a time.
Register the Death
In NSW, the funeral director usually handles this as part of arranging the funeral. If there's no funeral director involved, you can register it yourself through Service NSW.
The death certificate arrives by post three to four weeks later. You'll need several certified copies. Ask the funeral director, your nearest Justice of the Peace, or a Key Authorised Certifier for about six. Banks, super funds, insurers, and the probate court will all want one.
Order extra. You'll use more than you expect.
Find the Original Will
You need the original, not a photocopy. The court won't accept a photocopy, and some institutions won't either.
It's usually in one of four places:
- A fireproof box at home
- The filing cabinet
- A bank safety deposit box
- With the solicitor who drafted it
If it's nowhere obvious, try the NSW Trustee and Guardian's Will Registry. A lot of people register wills there and forget they did.
Once you find it, put it somewhere safe. Don't lend it out or let it travel unnecessarily. You'll need the original when you apply for probate.
Protect the Property
If the deceased person lived alone, or you're the executor but not a resident of the property, get to the house as soon as you can face it.
Lock up. Pull in the spare keys. The one under the pot. The one hanging on a hook at a carer's house. Clear out the fridge so it doesn't smell when inspectors visit. Make sure mail isn't piling up where you can see it from the street. Sort out any pets.
Change the locks if lots of people had keys: carers, cleaners, extended family, friends of the family. It costs about $150. It's worth it.
A timer-controlled lamp in a front window helps. A trusted neighbour keeping an eye on the place helps more. The biggest deterrent to trouble is a house that looks lived in.
Ring the Insurer This Week
Call the home insurer on the first day you can face it. Tell them the owner has passed. Then ask specifically about unoccupied-property cover.
Most home policies lapse automatically once a property has been unoccupied for 60 days. Some lapse sooner. You can usually extend cover, but only if you ask. This is how families end up uninsured against a burglary or a burst pipe.
This one phone call prevents the most expensive mistakes. Do it this week.
Notify the Right People
In the first two weeks, try to contact:
- The deceased's bank (they'll usually freeze the accounts the moment they see the death certificate)
- Centrelink or the Department of Veterans' Affairs if there was a pension
- The super fund (super doesn't automatically form part of the estate; it has its own claim process)
- The employer, if they were still working
- Medicare and any private health insurer
The Australian Death Notification Service is one online form that notifies most of the big organisations at once. It's free. Use it. It'll save you hours. For a comprehensive list of all the contacts you'll need, see our complete NSW contacts guide.
Why does this matter? Until probate is granted and you've done an inventory, everything in that house is estate property. As executor, you're personally responsible for it. That's why it's worth holding off on clearing the house, giving things away, selling anything, or even throwing out what looks like rubbish. It feels like delay. It's actually protection.
Utilities
Keep the power, gas, water, and internet on until the property sells or transfers. You'll need running water and electricity for inspections, maintenance, and cleaning.
Transfer the billing into the estate's name. Each provider will want a death certificate.
Council, Strata, and Mail
Council rates and strata fees keep running. Redirect the bills to yourself or the managing agent. The estate pays them.
Australia Post does mail redirection, about $75 for three months. Send it to your own address. Do this in the first few weeks. Mail stacking up at the house is both a security risk and a guarantee you'll miss something important: a tax notice, an insurance renewal, a missed super payment.
Don't Rush to Clear
This is crucial. The most common mistake we see is executors starting to clear the house in the first week, usually with good intentions and usually because family want to help get it over with.
Don't. Not until probate is granted and you've done an inventory. Junk turns out to be valuable. Valuables turn out to be junk. Time is on your side here, not speed.
FAQ
How long will the death certificate take?
Three to four weeks usually. Order six certified copies when you register the death.
Do I need to hire a solicitor immediately?
Not necessarily, but if your loved one entrusted a solicitor with their will, it's best to work with them. If the estate has a house, super, investments, or anything beyond a bank account, a solicitor earns their fee several times over.
What if I can't find the original will?
The NSW Trustee and Guardian's Will Registry is the first place to check. If it's not there, ask the deceased's solicitor. If there's no solicitor and no registry entry, talk to a probate solicitor about next steps. There are legal processes for managing estates when the original will can't be found.
Should I rent the house out while waiting for probate?
Almost always, no. A tenancy is hard to end, and it complicates the eventual sale. If holding costs are crushing the estate, raise it with your solicitor before you do anything.
What if there's no will?
NSW intestacy rules determine who the estate goes to. You'll still need a solicitor to apply for Letters of Administration (similar to probate). Talk to a probate solicitor straight away.
Can I access the deceased's bank accounts?
Not until probate is granted. The bank will freeze the accounts when you notify them of the death. This is normal and protects the estate. You can ask the bank for specific payments (funeral costs, etc.) before probate, but general access requires the Grant.
Next: Understanding Probate in NSW
Once you've handled the first two weeks, you'll need to understand the probate timeline and process.
Read about understanding probate in NSW
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If the property side is overwhelming and you need someone to manage the clearing, stabilisation, or maintenance, I'm the person to call. Phone 0428 613 163 or email info@aegispropertyconsultants.com.au.