Clear the Deceased Person’s Home or Residence

Before launching into this step, it is important to be aware of certain aspects surrounding the home or final residence of the deceased.

For the mourning family, the home or residence will remind them of their loved one and hence returning to that place can be very emotional. Bear in mind that the family may want to spend some time in the deceased person’s residence as part of their mourning process and for closure.

Furthermore, personal belongings and other items found in the home or residence may have great sentimental value to individuals. The desire to take possession of certain items by a Beneficiary is very likely.
As the Executor or Administrator, it is your responsibility to explain that all the deceased person’s items form part of the estate and can only be distributed once officially recorded and divided after the total value of the estate is known unless specifically willed to a Beneficiary as outlined below in Step 16.2 – Specific Items Willed to a Beneficiary.

Note: Removing an item from the deceased person’s estate may be considered a crime if it is disputed by other Beneficiaries.

It is important to complete the simplyEstate Home Contents & Personal Belongings Inventory as soon as possible and continuously update it to have a full overview of all items that make up the estate.

Note:Before moving anything, it may be essential to put in place home & contents insurance if not already done. This will protect you as the Executor or Administrator and all Beneficiaries of the estate during the administration process, which often extends beyond six months.

Switch off any electrical equipment that are not required to save electricity and ensure that any perishable goods are removed from fridges, freezers and any other storage.

If time is of the essence, furniture and belongings can be packed and stored in another location while the deceased estate is being assessed and prepared for distribution by the Executor.

Notwithstanding the above, if the Will names specific items that are intended for a Beneficiary, it may be easiest if those Beneficiaries are asked to collect the specific items as soon as possible. If the item can be identified, the Beneficiary may take possession of the item without waiting for division of the deceased estate.

Note: We recommend you take note or a photograph of the item, the Beneficiary’s name, date and signature in case a claim for that item is made at a later stage.

All other items that are not specifically willed, form part of the estate and will be distributed once the total value of the estate is known.

All contents of the deceased person’s last residence, or the remaining contents after the Beneficiaries have taken possession of willed items, should be valued by a professional valuer.
As the Executor or Administrator, you should discuss and agree with the Beneficiaries whether or not those remaining contents are to be sold for cash or retained and distributed to Beneficiaries.

From experience, cash is easier to distribute so long as items with a sentimental value were identified before the sale and were communicated to all Beneficiaries with sufficient notice to provide opportunity to claim such items.

If the deceased lived in a rental property, you most likely want to clear the residence as soon as possible and restore it to its original condition. You can then hand back the property to the managing agent or proprietor and stop paying rent.

If you want to accelerate the clearance, you can pack and store all the furnishings, chattels and personal belongings at a storage facility while the estate is being administered.

You may need to:

• find out who the letting agent is and inform them in writing of the death;
• request a copy of the rental agreement if you need to determine if the agreement was signed by the deceased person solely as a sole tenant or jointly with another person as joint tenants; and
• understand your state’s legislation as outlined below to determine notice periods and bond claims.

If the deceased lived in a nursing home, you most likely want to clear the residence as soon as possible to hand back the room and stop payments.

Make sure you check the agreement and determine the notice period agreed. If you cannot find the contract, the nursing home can provide you with a copy that was signed by the deceased.

If the deceased person made a lump-sum payment, you should also remember to claim the aged care bond or Refundable Accommodation Deposit (RAD). This will be covered again in Step 30 when you request transfer of assets to the Estate.

Tip: If you want to accelerate the clearance, you can pack and store all the furnishings, chattels and personal belongings at a storage facility while the estate is being administered.

If the deceased lived in their own home, you may not want to or need to clear the residence immediately. The Beneficiaries may agree to clear the home and rent it out to generate income for the estate during the administration or sell. If this is the path you want to explore, it is recommended you seek advice from a tax specialist as some tax rules may apply once the real estate is used to generate income as an investment.

Tip: If you want to accelerate the clearance, you can pack and store all the furnishings, chattels and personal belongings at a storage facility while the estate is being administered.

Beware of pressure tactics by buyers who may approach you with a below-market offer who may be taking advantage of your situation. Always get a comprehensive valuation done by a specialist or multiple appraisals by real estate agents as outlined in Step 17 – Property Valuation for Deceased Estate & Arrange for Rent or Sale.

Some household goods or items may be left over or unwanted. After the home or residence is cleared, specifically willed items are collected by the nominated beneficiary and any other items are distributed as agreed among beneficiaries. Before disposing of any unwanted remaining items, it may be worth checking if a charitable organisation near you may be able to collect and re-use or donate items.

Note: Landfill is the most expensive way of disposing items and hence it could pay to do some good for people in need, the environment and the save some money for the estate.

16.7.1 Donating

It’s always a good time to give by making a difference in someone else’s life by donating unwanted items that are still in good condition. A number of charitable organisations exist that re-use household items including:

• Clothing
• Accessories
• Toys
• Books
• CDs
• DVDs
• Furniture
• Homewares
• Electrical Goods

It is always best to contact the organisations beforehand to confirm what items they accept and check if they provide free collection where the closest drop-off location is.

We have listed the most common organisations below:

Vinnies (St Vincent de Paul Society)
Web: Find out more here
Phone: 13 18 12
Address: Find a shop near you here
Collection: some shops do offer collection, please contact your nearest shop to check availability

Salvos Stores (The Salvation Army)
Web: Find out more here
Phone: 13 SALVOS (13 72 58)
Address: Find a shop near you here
Collection: Make a free collection request here

Donation Bins
Web: Find donation bins near you here
Phone: 13 18 12
Address: Find a shop near you here
Collection: some shops do offer collection, please contact your nearest shop to check availability

City and Town Council ‘Tip Shops’
You can check if the deceased person’s council offers a ‘tip shop’ to give unwanted but reusable items to. Contact the local council here:

Give Away Online
You could also sell or advertise your unwanted and reusable items for free pick-up on:

• Facebook;
• Gumtree;
• Ebay; and
• other advertisement sites and notice boards.

16.7.2 Recycling

You can help reduce waste that ends up in landfill and save money by separating recycling from general waste. Contact the deceased person’s local Council to find out:

• what can be recycled in the yellow-top recycle bin and how much and additional collection would cost;
• when the next verge-side collection is scheduled for and what items can be placed outside; and
• if a ‘drop-off site’ is available to take other recyclable waste such as:

• large amounts of cardboard;
• old household and garden chemicals/herbicides, paint, batteries;
• (e-waste) electronic/electrical waste items;
• wood and metals; and
• bulky household items.

Other organisations you can contact are:

• Total Green Recycling for items such as laptops, mobile phones – sensitive e-waste; and
• EcoActiv for other items such as electronics, solar panels, power tools, batteries, paint and much more.

16.7.3 Disposing

Contact the deceased person’s local Council to find out:

• if a general waste skip collection may be offered, before paying for a private hire as these may be included in the rates where drop-off sites or full verge-side collections are not available;
• what unwanted items can be placed in the red-top general waste bin and how much and additional collection would cost; and
• if a ‘drop-off site’ is available with ‘tip vouchers’ included in the rates notice entitling a certain amount of waste to be disposed of through the drop off site for free.