Probate in New Zealand: Do You Need It and How to Apply

What is probate?

Probate is the formal legal process of proving that a will is valid and giving the executor the authority to administer the estate. In New Zealand, probate is granted by the High Court. Once granted, it allows the executor to collect assets, pay debts, and distribute what remains to beneficiaries.

If there is no will, the equivalent process is called applying for Letters of Administration, which appoints someone to administer the estate.

Do you actually need probate?

Not always. Whether probate is required depends on what assets the deceased owned and how they were held.

Probate is generally required when:

• The estate includes real property (land or a house) in the deceased's sole name
• A bank or financial institution holds assets over approximately $15,000 in the deceased's sole name
• KiwiSaver, investments, or other financial accounts need to be released

Probate is generally not required when:

• Assets were held in joint tenancy — these pass automatically to the surviving owner
• Life insurance or superannuation is paid to a named beneficiary
• The estate is very small and institutions agree to release funds informally

Applying for a Grant of Probate (with a will)

If there is a valid will, the executor named in it applies to the High Court for a Grant of Probate.

1. 1 Locate the original will. The court requires the original document, not a copy. Check with the deceased's solicitor, their bank, or the NZ Law Society Wills Register.
2. 2 Obtain the death certificate. A certified copy from BDM is required.
3. 3 Prepare the application. This involves completing specific court forms, swearing an affidavit, and filing the original will. Most executors use a solicitor for this step.
4. 4 File at the High Court. The application is filed at the High Court registry. There is a filing fee (around $200, subject to change).
5. 5 Receive the Grant. If the application is in order, the court issues the Grant of Probate — typically within a few weeks, though it can take longer if there are complications.

Applying for Letters of Administration (no will)

When someone dies without a will, no executor exists. A family member — usually the closest next of kin — must apply to the High Court to be appointed as administrator of the estate. This is called Letters of Administration.

The process is similar to probate but without a will to file. The administrator then distributes the estate according to the Administration Act 1969, which sets out the order of distribution: surviving spouse or partner first, then children, then wider family.

How long does probate take in NZ?

A straightforward probate application typically takes four to eight weeks from filing to receiving the Grant. More complex estates — contested wills, missing beneficiaries, overseas assets — can take considerably longer. The overall administration of an estate (collecting assets, paying debts, distributing to beneficiaries) often takes six to twelve months.

Do you need a solicitor?

You are not legally required to use a solicitor for probate in New Zealand, but most executors do. The paperwork is precise, errors cause delays, and a solicitor experienced in estate law can handle the full process — including dealing with banks, IRD, and beneficiaries — on your behalf.

The New Zealand Law Society has a directory to find a solicitor specialising in wills and estates in your area.