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Step 16 - Clear the Home or Residence

Last updated: June 2019

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Home Contents & Personal Belongings Inventory

Why is this important?

This step explains how to approach the clearing of the home or residence of the deceased person and take the necessary actions to stop any rental, nursing home or care services and related charges as soon as possible to save money.

simplyEstate is here to help with the process. Contact us via email or book a first free phone appointment.

Approximate Effort & Cost

Reading: 20 mins
Completing: 3-10 days
Total: 3-10 days
Cost: $500-$3,000

Effort and cost are general estimates only and are based on the assumption that you complete this step without specialist help.

Instructions

To find out how this Process Guide works, access the instructions here.

Glossary

To find out what the capitalised words mean, access the glossary here.

Forms

Western Australia (WA)

Sole Tenant

Disposal of Security Bond Form

Joint Tenant

Variation of Security Bond Form

New South Wales (NSW)

Sole Tenant

Claim for Refund of Bond Money Form

Joint Tenant

Change of Shared Tenancy Arrangement Form

Victoria (VIC)

Sole Tenant

Bond Claim Form, which you need to generate through the online RTBA Online tool; and

Statutory Declaration

Joint Tenant

Bond Transfer Form or a Bond Claim Form, which you need to generate through the online RTBA Online tool

Queensland (QLD)

Sole Tenant

Form 4 – Refund of rental bond

Joint Tenant

Form 6 – Change of bond contributors

Other forms not listed here may be required based on your specific circumstances.

Legislation

Western Australia (WA)

Sole Tenant

RESIDENTIAL TENANCIES ACT 1987 (WA) Section 60, Paragraph (h) (Austl.) (accessed 22/7/2018)

Joint Tenant

RESIDENTIAL TENANCIES ACT 1987 (WA) Section 59B (Austl.) (accessed 22/7/2018)

New South Wales (NSW)

Sole Tenant

RESIDENTIAL TENANCIES ACT 2010 (NSW) Section 108 (Austl.) (accessed 22/7/2018)

Joint Tenant

RESIDENTIAL TENANCIES ACT 2010 (NSW) Section 78 (Austl.) (accessed 22/7/2018)

Victoria (VIC)

Sole Tenant

RESIDENTIAL TENANCIES ACT 1997 (VIC) Section 228 (Austl.) (accessed 22/7/2018)

Queensland (QLD)

Sole Tenant

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 (QLD) Section 277, Paragraphs 7-8 (Austl.) (accessed 24/7/2018)

Joint Tenant

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 (QLD) Section 244 (Austl.) (accessed 24/7/2018)

Legislation shown may not be comprehensive and other legislation and rules may apply to your specific circumstances.

16.1 Overview

If the deceased person passed away without leaving behind a spouse, dependant or other person living together, the last residence of the deceased can be cleared after stock of all items was taken. We recommend using our Home Contents & Personal Belongings Inventory to capture all items before you:

clear the residence;
hand back the rental property or residence if it was rented;
prepare the property to be rented out if owned; and/or
prepare the property to be valued (see Step 17) if owned.

Contents
16.2 General Considerations
16.3 Specific Items Willed to a Beneficiary
16.4 Value the Contents
16.5 Rental Property
16.6 Nursing or Care Home
16.7 Owned House or Apartment
16.8 What to do With Unwanted Household Goods & Items
16.8.1 Donating
16.8.2 Recycling
16.8.3 Disposing
16.9 Actions and Decisions to Complete Step

Download Home Contents & Personal Belongings Inventory:

Download and print the Home Contents & Personal Belongings Inventory to capture all items before clearing the home.

16.2 General Considerations

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 16.3 – Specific Items Willed to a Beneficiary. Removing an item from the deceased’ 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 view of all items that make up the estate.

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.

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16.3 Specific Items Willed to a Beneficiary

Notwithstanding Step 16.2, 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.

Download Home Contents & Personal Belongings Inventory:

Download and print the Home Contents & Personal Belongings Inventory to capture all items before clearing the home.

back to overview

16.4 Value the Contents

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.

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16.5 Rental Property

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.

Western Australia (WA) - Perth

Consumer Protection – Department of Mines, Industry Regulation and Safety

Phone: 1300 853 829
Opening Hours: Monday – Friday, 8:30am – 4:30pm AWST
Address: Level 2 (Reception), 140 William Street (please use the public entrance off Railway Lane from the Murray Street Mall), Perth, WA
Email: [email protected]
Post: Bond Administrator, Locked Bag 14, Cloisters Square WA 6850

Sole Tenant
The rental agreement ends on the date of the death and you should notify the landlord or letting agent to organise the clearing and hand-over of the property to stop the rental charges.

RESIDENTIAL TENANCIES ACT 1987 (WA) Section 60, Paragraph (h) (Austl.) (accessed 22/7/2018)

Relevant Documents
The bond can be claimed by completing and providing a Disposal of Security Bond Form with;

a copy of the Death Certificate;
a copy of the Will; and
a copy of the Executor’s proof of identity;
or
a copy of the Grant of Probate (see Step 27 – Apply for Grant of Probate or Letters of Administration); and
a copy of the Executor’s proof of identity.

Joint Tenant
The rental agreement continues as agreed between the surviving joint tenant and the landlord.

RESIDENTIAL TENANCIES ACT 1987 (WA) Section 59B (Austl.) (accessed 22/7/2018)

Relevant Documents
The portion of the bond belonging to the deceased person can be claimed as stated above or transferred to the surviving joint tenant by completing and providing a Variation of Security Bond Form with;

a copy of the Death Certificate;
a copy of the Will; and
a copy of the Executor’s proof of identity;
or
a copy of the Grant of Probate (see Step 27 – Apply for Grant of Probate or Letters of Administration); and
a copy of the Executor’s proof of identity.

Website

The Consumer Protection – Department of Mines, Industry Regulation and Safety website can be accessed here.

New South Wales (NSW) - Sydney

Fair Trading NSW

Phone: 13 32 20
Opening Hours: Monday – Friday, 8:30am – 5:00pm AEST
Address: Service NSW Centre near you can be found here
Email: [email protected]
Post: Locked Bag 9000, Grafton NSW 2460

Sole tenant
The rental agreement ends when the Executor, Administrator or Next of Kin provides written notice to the landlord or its agent. Once the property was cleared and handed over, no further rent is payable.

RESIDENTIAL TENANCIES ACT 2010 (NSW) Section 108 (Austl.) (accessed 22/7/2018)

Relevant Documents
The bond can be requested from Fair Trading by completing and providing:

Claim for Refund of Bond Money form;

and one of the following:

original or copy of the Death Certificate;
an invoice from the Funeral Director; or
Grant of Probate or Letters of Administration (see Step 27 – Apply for Grant of Probate or Letters of Administration).

Joint Tenant
The rental agreement may either continue as agreed between the surviving joint tenant and the landlord or the surviving joint tenant may give written notice to end the contract in 21 days or more, irrelevant if the rental agreement was for a fixed period or ongoing.

RESIDENTIAL TENANCIES ACT 2010 (NSW) Section 78 (Austl.) (accessed 22/7/2018)

The portion of the bond belonging to the deceased person can be claimed as stated above like a sole tenant or transferred to the surviving joint tenant by completing and providing:

Change of Shared Tenancy Arrangement Form;

and one of the following:

original or copy of the Death Certificate;
an invoice from the Funeral Director; or
Grant of Probate or Letters of Administration (see Step 27 – Apply for Grant of Probate or Letters of Administration).

Website
The Fair Trading NSW website can be accessed here.

Victoria (VIC) - Melbourne

Residential Tenancies Bond Authority (RTBA)

Phone: 1300 137 164
Opening Hours: 9:00am – 5:00pm AEST
Lodge Online: You can lodge here
Address: Find an RTBA near you here
Email: Submit an online enquiry here
Post: RTBA, Locked Bag 007, Wendouree VIC 3355

Sole Tenant
The rental agreement ends:

28 days after the Executor, Administrator or Next of Kin provide written notice of the death;
28 days after the landlord gives the Executor, Administrator or Next of Kin written notice to vacate;
on a date agreed in writing between the landlord and the Executor, Administrator or Next of Kin; or
on a date determined by the Victorian Civil and Administrative Tribunal.

RESIDENTIAL TENANCIES ACT 1997 (VIC) Section 228 (Austl.) (accessed 22/7/2018)

Relevant Documents
The bond can be claimed from the Residential Tenancies Bond Authority by printing, completing and providing:

a Bond Claim form, which you need to generate through the online RTBA Online tool by entering the bond number and the deceased person’s name;
a Statutory Declaration – Statutory Declaration by Legal Representative or Next of Kin;

and one of the following:

Death Certificate;
Probate certificate (see Step 27 – Apply for Grant of Probate or Letters of Administration);
Cremation certificate;
Funeral notice (invoice);
Statement from a Doctor/hospital;
Notice from Centrelink confirming date of death;
Report for coroner; or
Interim Death Certificate.

Please ensure that you as the Executor, Administrator or Next of Kin sign on behalf of the deceased tenant on both the ‘Bond Claim’ form and Statutory Declaration.

Joint Tenant
The rental agreement continues as agreed between the surviving joint tenant and the landlord.

The portion of the bond belonging to the deceased person can only be transferred to the surviving joint tenant or be paid out in full together with the portion of the surviving joint tenant’s bond.
Partial bond claims can only be made in arrangement with the surviving joint tenant or by applying to the Victorian Civil and Administrative Tribunal (VCAT).

Relevant Documents
To transfer the bond to the surviving joint tenant, the surviving joint tenant can complete a Bond Transfer form or a Bond Claim form, which you need to generate through the online RTBA Online tool by entering the bond number and the tenant’s name;
and one of the following:

Death Certificate;
Probate certificate (see Step 27 – Apply for Grant of Probate or Letters of Administration);
Cremation certificate;
Funeral notice (invoice);
Statement from a Doctor/hospital;
Notice from Centrelink confirming date of death;
Report for coroner; or
Interim Death Certificate.

Please ensure that only the surviving joint tenant signs these documents and not the Executor, Administrator or Next of Kin.

If you don’t have access to a printer, you can contact the RTBA by submitting an online enquiry here with your specific bond number, tenant name and postal address and the form will be posted to you within 14 days.

Website
The Residential Tenancies Bond Authority (RTBA) website can be accessed here.

Queensland (QLD) - Brisbane

Residential Tenancies Authority (RTA)

Phone: 1300 366 311
Opening Hours: Monday – Friday, 8.30am – 5:00pm AEST
Lodge online: You can lodge here
Email: [email protected]
Post: RTA, GPO Box 390, Brisbane QLD 4001

Sole Tenant
The rental agreement ends on the earliest of the following:

14 days after the Executor, Administrator or Next of Kin notifies the landlord in writing to end the agreement because of the death;
14 days after the landlord notifies the Executor, Administrator or Next of Kin in writing to end the agreement because of the death;
the day agreed between the landlord and the Executor, Administrator of Next of Kin;
the day decided by the Queensland Civil and Administrative Tribunal (QCAT) after application by the landlord; or
if none of the above were done, the agreement ends one month after the tenant’s death.

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 (QLD) Section 277, Paragraphs 7-8 (Austl.) (accessed 24/7/2018)

Relevant Documents
The bond can be requested from the Residential Tenancies Authority (RTA) by completing and providing:

Form 4 – Refund of rental bond;

and one of the following:

a Death Certificate; or
an Interim Death Certificate;
and one of the following:
copy of the Grant of Probate or Letters of Administration (see Step 27 – Apply for Grant of Probate or Letters of Administration); or
original Statutory Declaration.

Joint Tenant
The rental agreement continues as agreed between the surviving joint tenant and the landlord.
RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 (QLD) Section 244 (Austl.) (accessed 24/7/2018)

Relevant Documents
The portion of the bond belonging to the deceased person can only be claimed from the surviving joint tenant directly after the surviving joint tenant completes and provides:

Form 6 – Change of bond contributors;

and one of the following:

a Death Certificate; or
an Interim Death Certificate;
and one of the following:
copy of the Grant of Probate or Letters of Administration (see Step 27 – Apply for Grant of Probate or Letters of Administration); or
riginal Statutory Declaration.

Website
The Residential Tenancies Authority (RTA) website can be accessed here.

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simplyEstate is here to help. Contact us via email or book your free first phone appointment.

16.6 Nursing or Care Home

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 to. If you cannot find the contract, the nursing home can provide you with a copy that was signed by the deceased.

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.

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16.7 Owned House or Apartment

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.

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 at least two specialists as outlined in the next Step 17 – Value the Home & Arrange for Rent or Sale.

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16.8 What to do With Unwanted Household Goods & Items

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.

Remember: Landfill is the most expensive way of disposing items and hence it could pay to do good for people in need, the environment and the estate’s finances.

16.8.1 Donating

It’s always a good time to give and make a big 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 store near you here

Collection: Make a free collection request here

Good Sammy (Good Samaritan Enterprises)

Web: Find out more here

Phone: (08) 9463 0500

Address: Find a shop near you here

Collection: Make a free collection request here

Donation Bins

Find donation bins near you here

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:

WA (Western Australia) – Perth: Find council contact details here
NSW (New South Wales) – Sydney: Find council contact details here
VIC (Victoria) – Melbourne: Find council contact details here
QLD (Queensland) – Brisbane: Find council contact details 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.

16.8.2 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.

16.8.3 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.

Scrap metal recyclers may collect and pay for your waste.

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16.9 Actions and Decisions to Complete Step

If you would like a little help from us at simplyEstate with this Step, you can email us or book your free first phone appointment. If you would like specialist help, get in touch with one of our Specialist Partners listed in the yellow section to the right or below and see how they can help.

If you have decided to tackle this Step yourself after reading and understanding this Step, you may want to:

Identify and hand-over specific items to the Beneficiaries noted in the Will (if available);
Decide if you will pack and store items to vacate the home or residence as soon as possible;
Decide if Beneficiaries prefer to inherit the remaining household items or prefer these to be sold so the cash proceeds can be distributed when the estate is finalised;
Inform the real estate agent, nursing or care home of the death as outlined in Steps 16.5 – 16.6;
Put in place home & contents insurance to protect you, the Beneficiaries and the deceased estate from damage, theft or any other insurable events;
Clear the home or residence and Donate, Recycle or Dispose of unwanted household items;
Read the following Step 17 – Value the Home & Arrange for Rent or Sale to help decide if the owned real estate will be kept vacant, rented out or sold;
Seek tax advice before renting or selling the property (see Step 28 – Request Tax Advice for Effective Distribution); and
Update the simplyEstate Assets & Liabilities Inventory to reflect all items and values.

Once you have completed all the necessary actions and decisions, you can move on to the next Step by clicking below or save progress at the top.

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