What happens if someone dies over the Christmas holidays?
A death over Christmas can feel overwhelming and distressing, especially when many services close or operate with skeleton staff. The legal requirements don’t change – but some steps may take longer.
Here’s what to expect.
Immediate steps after death
Regardless of the time of year, the following must occur:
- A doctor issues a Medical Certificate Cause of Death
- The death is registered
- A funeral director is engaged
- The executor locates the Will
- Banks and relevant institutions are notified
Most funeral homes operate year-round and can assist with early paperwork.
Does probate still operate over the holidays?
Probate is the legal process where the Supreme Court confirms a will is valid and authorises the executor to deal with the deceased’s estate.
The Supreme Court registry closes on public holidays. This may delay:
- Lodging a probate or Letters of Administration application
- Issuing requisitions
- Advertising notices
However, you can still begin preparing documents immediately, and applications can be lodged as soon as the registry reopens.
Executor duties remain the same
Even over Christmas, an executor must:
- Secure assets
- Notify beneficiaries
- Value property and accounts
- Pay debts and funeral expenses
- Prepare for probate or administration
- Keep records of all actions
We assist executors during the holiday period, including preparing urgent applications, advising beneficiaries and handling disputes.
If there is no Will
The estate is distributed according to NSW intestacy rules. NSW intestacy rules are the laws that decide who inherits a person’s estate when they die without a valid will, following a set order of priority based on their family relationships. A spouse, children, parents or siblings may be entitled depending on the family structure.
Letters of Administration may be required. These can be prepared over Christmas even if filing is delayed.