Probate application: ultimate checklist for executors in 2024

Probate application: ultimate checklist for executors in 2024

Checklist for typical probate application in 2024.

what is probate nz

Step 1

Review the Will to check:

witnessing

attestation clause

signed

condition of the will

Person signing a contract

Step 2

Confirm the deceased’s correct name:

family confirmation

check titles of property

shares

bank account names

occupation at date of death

place of residence at time of death

Teacher sat at computer

Step 3

Confirm executors’ details

obtain photo ID

check current occupation

current address

Step 4

Prepare executor affidavit in support of probate application

use form PR1

deceased’s name: other names /last names/last address

executors: same order as in will; correct names; evidence any name changes

substituted executors: proof of death of original named executor

are all executors applying for probate?

proof of death of deceased: attended funeral/saw body

are substituted executors applying?

spouse/partner of deceased?

any executors renounced probate? Deed of renunciation?

is executor deceased’s former spouse or civil union partner?

any executor incapable of acting?

are exhibits marked properly?

probate application nz

Step 5

Are any additional probate affidavits required?

due execution

capacity of executor

evidence of death (if executors can’t prove)

affidavit of plight

affidavit verifying alterations in the will

affidavit of will-maker’s knowledge of contents

affidavit of understanding

probate application nz

Step 6

Prepare the probate application notice

use form PR1AA

name of deceased

check consistent with affidavit (see step 4)

probate application nz

Step 7

Prepare probate

use same wording as application (step 6)

correct wording for substituted executor

attach ‘clean’ copy of the will (i.e. no exhibit note)

strictly follow form PR7

probat application nz

Step 8

Send the probate application:

Wellington High Court Registry

pay application fee ($200)

application notice

probate + copy of probate

any additional affidavits

Probate lawyer

ABOUT THE AUTHOR

Rion has been a lawyer since 2006, practising in the UK, Australia and New Zealand. After working at large firms for his whole career, he joined the independent bar in 2022, and runs a disputes practice based in Christchurch.
+64 27 603 6144
[email protected]