There is a new process for issuing death certificates in Victoria from 11 July 2022. However, effectively nothing changes from the point of view of an application for Probate or Letters of Administration.
Under the new process there are now two death certificates issued by the Registry of Births, Deaths and Marriages:
- Death certificate; and
- Death certificate – Cause of death.
The difference is, as the names suggest, that the Death certificate does not include the cause of death, whereas the Death certificate – Cause of death does. Previously the death certificate always had the cause of death on it, unless the death was being investigated by the coroner, in which case no death certificate would issue until the coroner’s finding.
While both certificates will usually now be issued, if the death is being investigated by the coroner the Death certificate – Cause of death will be withheld until the coroner’s finding. Once the coroner has reported, a Death certificate – cause of death will be automatically sent to the applicant. The new Death certificate excludes the cause of death and burial information, is available immediately, and will generally be accepted for administration processes at banks, government entities and utility companies, allowing families to start managing a deceased estate quickly.
The Supreme Court registry has advised that the Death certificate – Cause of death must be filed with any application for probate or letters of administration. See the Court’s website for more information. From 11 July 2022, a certified copy of the Death Certificate – Cause of death must be exhibited to the affidavit in support of the application.
Superannuation and insurance companies will also likely continue to require a death certificate that includes the cause of death.
The By Lawyers Estates publication has been updated accordingly.