Who gets superannuation when someone dies in Australia?

If there is a valid binding death benefit nomination (BDBN), the super is paid to the nominated beneficiaries. If there is no BDBN (or it has expired), the trustee of the fund decides who receives it — this is usually a spouse, children, or dependants. Super does not automatically form part of the estate unless the nomination specifies the 'legal personal representative' (estate).

Does superannuation go through probate in Australia?

No — superannuation is not part of the estate (unless the nomination directs it there). It is a trust asset held by the fund's trustee, and it passes to beneficiaries according to the death benefit nomination. You do not need probate to claim super.

What is a binding death benefit nomination?

A binding death benefit nomination (BDBN) is a written direction to the super fund's trustee specifying who should receive the super benefit when the member dies. If valid and current, the trustee must follow it. Most BDBNs expire every 3 years unless renewed.

How long does a superannuation death benefit claim take?

Simple claims with a valid binding nomination can be resolved in 60–90 days. Complex claims — where there is no nomination, disputes between potential beneficiaries, or associated life insurance — can take 6–18 months. Starting early is important.

Is superannuation taxed when you inherit it?

It depends on who receives it. 'Tax dependants' (spouse, minor children, financially dependent children) receive super death benefits tax-free. Other adult children and non-dependants pay tax of up to 32% on the taxed component. The ATO provides detailed guidance on ato.gov.au.

How do I find out if my loved one had superannuation?

Check their email and paper files for statements, look in their myGov account (linked to the ATO), or contact the ATO's Deceased Estates line on 13 28 61. The ATO can identify all super accounts linked to a TFN.

Superannuation & Life Insurance After a Death in Australia

Superannuation is held in trust — it's not technically owned by the member, it's held on their behalf by the fund's trustee. This means it doesn't automatically form part of the estate, and the rules about who receives it are different to those that apply to other assets.

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Start the claim process early

Super death benefit claims often take 60–180 days even when everything goes smoothly. Contact the fund within the first two weeks — don't wait until the rest of the estate is settled.

How to find all superannuation accounts

1

Check paper records and email

Look for statements from super funds — annual statements are sent by mail or email. Search the inbox for fund names: AustralianSuper, REST, Hostplus, UniSuper, Aware Super, etc.
2

Log in to myGov (linked to ATO)

If you have access to the deceased's myGov account, the ATO will list all superannuation accounts linked to their TFN. This is the most reliable way to find all accounts, including old or forgotten ones.
3

Contact the ATO

Call the ATO's Deceased Estates line on 13 28 61. They can advise on super accounts linked to the deceased's TFN. The executor may be required to provide proof of authority.

Who receives the superannuation?

This depends on whether the deceased had a valid binding death benefit nomination (BDBN).

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If there IS a valid binding nomination

The trustee must follow it. The super is paid to the nominated beneficiaries — which can include the estate (legal personal representative), a spouse, or dependent children. Most BDBNs expire every 3 years — confirm whether it is current.

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If there is NO valid nomination

The trustee exercises discretion. They consider who were the deceased's dependants — generally a spouse, children, and anyone financially dependent on the deceased. The trustee has wide powers and may not divide it the way the deceased or beneficiaries expect.

Step-by-step: making a super death benefit claim

1

Contact the fund and advise of the death

Call the fund's bereavement or claims team. Give the deceased's full name, date of birth, date of death, and member number if you have it.
2

Request the death benefit claim form

The fund will send (or email) a death benefit claim form. This is the formal document that triggers the trustee's assessment.
3

Complete the form and gather supporting documents

You will need: certified death certificate, your photo ID, proof of relationship (marriage certificate if claiming as spouse, birth certificates for children), will or probate documents if claiming as estate representative.
4

Submit the claim and track progress

Most funds have an online portal or a case manager — use them. Ask for a reference number and a contact name for follow-up.
5

Receive the trustee's decision

The trustee will issue a formal notice of decision. If you disagree with how they are proposing to distribute the benefit, you have rights to object — seek legal advice.

Tax on super death benefits

Recipient	Tax treatment
Spouse or partner	Tax-free
Minor child (under 18)	Tax-free
Adult child (tax dependant)	Tax-free if financially dependent at time of death
Adult child (not tax dependant)	Up to 32% tax on the taxed element
Estate (legal personal representative)	Depends on who the estate distributes to

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Get tax advice before distributing super

The tax implications of super death benefits can be significant — especially for adult children who are not tax dependants. A tax adviser can help structure the distribution to minimise the tax impact.

Life insurance — what to do

1

Locate all life insurance policies

Check paper files, email, and the deceased's myGov account. Many Australians have life insurance inside their superannuation — check the super fund too. Major insurers include TAL, AIA, MLC, Zurich, and CommInsure.
2

Contact the insurer's bereavement or claims team

Call the insurer's main line and ask for the bereavement or death claims team. They will send a claim pack.
3

Complete the claim form and provide documentation

You will need the death certificate, your ID, the policy document (if available), and a completed claim form. For non-accidental deaths, a medical certificate from the treating doctor may be required.
4

Wait for the decision

Straightforward claims are typically resolved in 30–90 days. Complex claims (disputed circumstances, no-contest clauses, high value) can take longer — maintain regular contact.

Afterward

We help you start super and insurance claims the right way

Afterward navigators know how each major fund and insurer works. Log in and we'll guide you through the claim form, track progress, and chase up on your behalf.

Frequently asked questions

Super & insurance — common questions

If there is a valid binding death benefit nomination (BDBN), the fund's trustee must pay to the nominated beneficiaries. If there is no BDBN (or it has expired), the trustee exercises discretion — generally paying to a surviving spouse, dependent children, or the estate. Super does not automatically form part of the estate.

No. Superannuation is a trust asset, not part of the deceased estate. It passes via the trustee's decision or a binding nomination — separate from the will and probate process. (Unless the nomination directs the benefit to the 'legal personal representative', in which case it does flow through the estate.)

A binding death benefit nomination (BDBN) is a written instruction to the super fund's trustee directing who should receive the superannuation death benefit. If valid and current, the trustee must comply. Most BDBNs expire every 3 years and must be renewed to remain binding. Some funds offer non-lapsing BDBNs.

Simple claims with a valid, current binding nomination can be resolved in 60–90 days. Complex claims — no nomination, disputed relationships, associated life insurance, or multiple potential beneficiaries — can take 6–18 months. Contact the fund early and maintain regular follow-up.

It depends on the relationship between the deceased and the beneficiary. Tax dependants (spouse, minor children, financially dependent adult children) receive it tax-free. Adult children who are not financially dependent pay up to 32% tax on the taxed component. Seek advice from a tax agent before the distribution is made.