Housing after someone dies

If the person owned the property solely, it becomes part of their estate. You cannot sell or transfer it until probate is granted (or administration if there's no will).

• The property is frozen until the executor has legal authority to act
• Mortgage repayments still need to be made — contact the lender immediately
• Home insurance must be maintained — some policies lapse if the home is unoccupied for more than 30 days
• Utility bills keep accruing — notify providers of the situation

How the property was owned makes a big difference:

• Joint tenants — the surviving owner automatically inherits the other half. No probate needed for this.
• Tenants in common — the deceased's share passes through their will (or intestacy rules). It does NOT automatically go to the other owner.

Check the title with your state's land registry. In most states you can search online for a small fee.

A rental lease does not automatically end when someone dies. The rules vary by state, but generally:

• The estate is responsible for rent until the lease ends or is terminated
• The landlord or the estate can end the lease early by giving notice. How much notice depends on your state or territory
• The bond is refunded to the estate after the property is handed back in reasonable condition
• If you're named on the lease with them, the tenancy normally carries on with you

Write to the landlord or agent as soon as possible, enclosing a copy of the death certificate.

The mortgage doesn't disappear when someone dies. But lenders have processes for this.

• Contact the lender immediately — they can pause or restructure repayments
• Check if there's mortgage protection insurance (sometimes bundled with the loan)
• Check their super fund — many include life insurance that could cover the balance
• If you're inheriting the property and want to keep it, you may be able to transfer the loan to your name

Public housing rules are managed by your state housing authority. When a tenant dies:

• The tenancy does not automatically transfer to someone living there
• Approved household members may be able to apply to take over the lease
• You usually have 4–8 weeks to vacate if you're not an approved occupant
• Contact the housing authority immediately to understand your rights

If the person was in residential aged care:

• The room must be vacated — most facilities allow 7–14 days
• Refundable Accommodation Deposits (RADs) are returned to the estate, usually within 14 days of the room being vacated
• Daily Accommodation Payments (DAPs) stop on the day of death
• Check for any outstanding fees or top-up charges

The facility's accounts team can provide a final statement. The RAD refund can be a significant amount — ensure it's claimed promptly.

• Secure the property — change locks if needed, maintain insurance
• Redirect mail via Australia Post deceased estate redirection
• Cancel or transfer utilities into the executor's name
• Photograph the property's condition before making any changes
• Don't throw anything away until the executor has reviewed the contents
• If selling, wait until probate is granted before listing