Claiming a super death benefit

If someone close to you has died, you may be able to claim a super death benefit.

What is a super death benefit?

A super death benefit is money paid from someone’s super after they die. It may be paid to an eligible beneficiary (or beneficiaries) or to the person’s estate.

A super death benefit can include:

• the super account balance
• any insurance held inside super (for example, life insurance)
• any other amount the fund needs to pay (for example, interest added under the fund’s rules).

When a person dies, what happens to their super?

The super fund holds the money, and the fund trustee follows a process to decide who can get the super death benefit. The trustee manages the super fund for its members.

In most cases, the trustee:

• checks whether the person made a valid beneficiary nomination (who they wanted their super paid to)
• considers who may be eligible to receive the death benefit under super law and the fund’s rules.

Who can receive a super death benefit?

In general, the fund may pay a super death benefit to:

• one or more eligible beneficiaries (for example, dependants, including a spouse, children, someone who depended on them financially), or
• the deceased person’s legal personal representative (their estate).

Who the fund can pay, and how it decides, depends on super law and the fund’s rules. The trustee will usually ask the family for information before it decides who to pay.

The Australian Taxation Office (ATO) has more information on paying superannuation death benefits.

How to claim a death benefit

When a loved one passes away, you don’t have to do everything at once. When you’re ready, this guide can help you to know what to do.

1. Find the person’s super fund

Check their paperwork (for example, super statements, letters from the fund or payslips). You can also contact their employer to ask which super fund they paid contributions to. There are steps you can take to find lost super, too.

2. Contact the fund to start a death benefit claim

You can do this yourself, or the legal representative managing the estate can do it for you. Find the fund’s contact details online and ask how to start a death benefit claim, what forms and documents are needed, and expected timeframes.

If you need extra support during Sorry Business

If you’re involved in Sorry Business, you may have cultural responsibilities, travel, and time away from work that make calls and paperwork hard to manage. You can tell the fund you’re involved in Sorry Business and ask what support is available.

Talk to them about:

• a single point of contact (so you don’t have to repeat your story)
• extra time to provide documents, or to return forms
• what you can provide now, and what can wait (for example, if Sorry Business makes it harder to get documents quickly)
• whether the fund can speak with a representative you trust (where available).

3. Provide the documents the fund asks for

These can include:

• the death certificate (or other proof of death the fund accepts)
• your proof of identity – read about how to provide your identity
• evidence of your relationship to the person (for example, a marriage certificate)
• if the fund pays the benefit to the estate: documents showing who can act for the estate (for example, probate or letters of administration), if available.

If you can’t get a document straight away, ask the fund what it can accept and when you can provide the rest.

4. Keep records and follow up

Save copies of forms and documents you send, and note dates, names and reference numbers. This can help if you need to follow up or make a complaint.

How long does a death benefit claim take?

Timeframes vary between funds and between claims. Ask the fund how long it expects your claim to take and what might slow it down.

Some common reasons a death benefit claim can take longer are:

• missing or incomplete documents
• more than one person claiming the benefit
• the fund needing to identify or contact potential beneficiaries
• the benefit being paid to the estate and probate or letters of administration being needed.

If there’s a delay or dispute

If you’re worried the claim is taking too long, or you disagree with a decision:

1. Ask the fund what stage the claim is at and what it still needs.
2. If needed, make a complaint to the fund (ask for the complaints process in writing).
3. If you’re still not satisfied after going through the fund’s complaints process, consider escalating to external dispute resolution.