Losing a loved one is one of life’s most challenging experiences. Amid the grief, there are practical steps that need to be taken immediately following the death, especially in Victoria where legal and procedural requirements must be followed. At Hayton Kosky, we regularly guide clients through this early stage of the estate administration process, and this article outlines the key steps to help you navigate what happens next.
1. Contact a Medical Practitioner
The first and most urgent task is to obtain a Medical Certificate of Cause of Death. If your loved one passed away in a hospital, a doctor will usually complete this. If the death occurred at home or unexpectedly, you should contact a GP or local medical practitioner.
If the coroner is not involved, a Death Certificate usually takes approximately 3-4 weeks to issue
2. Possible Involvement of the Coroner
Not all deaths are straightforward. In some cases, particularly if the death is sudden, accidental, violent, or unexplained, it must be reported to the Coroner under Victorian law.
The Coroners Act 2008 (Vic) requires the Coroner to investigate deaths in circumstances such as:
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Unidentified cause of death
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A person dying during or after surgery
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Suspicious or unnatural deaths
In these situations, the Coroner may order an autopsy or a full investigation. This can delay the release of the body and the funeral arrangements, so it’s important to seek early legal advice if you’re unsure whether the death must be reported.
3. Engage a Funeral Director
You need to engage a funeral director. Sometimes the deceased may have arranged a pre-paid funeral.
They will:
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Collect the deceased’s body
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Help register the death with Births, Deaths and Marriages Victoria
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Organise transportation, the funeral, cremation or burial
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Assist in preparing a death notice (newspaper or online)
Funeral directors are experienced in managing logistics and can be a significant help during this emotional time.
4. Funeral Notice and Service
You may choose to publish a funeral notice, which is separate from the death notice. It lets the community know when and where the service will take place. It can also include requests such as donations to a charity in lieu of flowers.
The executor named in the will has the legal authority to arrange the funeral, even before probate is granted. However, family members often work together to plan a service that honours the wishes of the deceased.
5. Burial or Cremation
Your loved one may have left specific wishes regarding burial or cremation—these are usually stated in the will or discussed beforehand. While not legally binding, these wishes should be followed wherever practicable.
If there’s a dispute, Victorian common law generally gives the executor the final say in funeral and disposal arrangements.
6. Locate the Will
After the funeral, it’s critical to locate the original will. This document outlines:
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Who will act as executor
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Who the beneficiaries are
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Specific gifts or arrangements (such as guardianship of children)
If you’re unsure where the will is, check:
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The deceased’s home and filing cabinets
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Their lawyer or accountant
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Safe deposit boxes
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The Supreme Court of Victoria (if it was deposited under s 5A of the Administration and Probate Act 1958 (Vic))
If no valid will is found, the estate will be administered under intestacy laws, which determine who is entitled to inherit based on their relationship to the deceased.
7. Prepare for Probate or Administration
Once the will is located, the executor may need to apply for probate with the Supreme Court of Victoria, giving them legal authority to manage the estate. If no will exists, an eligible person (usually the next of kin) must apply for letters of administration.
In Victoria, a notice of intended application must be published on the Probate Online Advertising System at least 15 days before filing the application.
Final Thoughts
While the first few days after a death are often filled with emotion, understanding the immediate steps required under Victorian law can reduce confusion and help families move forward.
At Hayton Kosky, we specialise in probate and estate matters and are here to support executors and families through every stage of the process — from locating the will to filing for probate or handling disputed estates.
Need help navigating a loved one’s estate?
Contact Hayton Kosky for practical, compassionate legal guidance tailored to Victoria’s probate laws.