DIY Probate NZ — Do It Yourself or Use a Probate Lawyer? | Simply Probate

DIY Probate in NZ — Can You Apply for Probate Without Professional Help?

Doing probate yourself is a legitimate option. Many executors successfully file their own applications, and there is no law that requires you to hire a lawyer for a standard probate matter. If you are methodical, have time available, and are comfortable with legal paperwork, DIY probate is worth understanding.

This guide walks through exactly what is involved: the steps, the documents, the common mistakes, and an honest comparison of DIY against professional preparation. The aim is to give you a complete picture so you can decide what suits your situation — not to steer you toward a particular outcome.

Yes, You Can Do Probate Yourself in NZ

There is no legal requirement to engage a lawyer for a standard probate application. Probate is an administrative process, not a court hearing. The executor files the application, the court processes it, and the grant is issued. At no point does the executor need to appear before a judge or argue a case.

The High Court provides guidance notes, and the forms themselves are available online as part of the High Court Rules. For a straightforward estate — a clear will, cooperative beneficiaries, NZ-only assets — many executors handle the process themselves without difficulty.

The reality is that the forms have specific legal requirements. The affidavit must be sworn (not just signed) before an authorised person, in a particular format, and it must physically exhibit the original will. Any deficiency — a missing signature, an incorrect exhibit, an incomplete document — triggers a requisition from the court, which pauses processing and requires correction. Each round of requisitions adds one to three weeks to the timeline.

For an executor with time and attention to detail, DIY is a realistic option. For an executor who is busy, less confident with legal documents, or under time pressure from beneficiaries, the calculus changes.

What’s Involved in a DIY Probate Application

Here is what you will need to do, step by step.

Step 1 — Confirm You Need Probate

Before beginning the application, confirm that probate is actually required. Most financial institutions and government agencies require a grant of probate (or letters of administration) before releasing assets — but thresholds apply. Check when probate is and is not required for the current thresholds.

Also note:

• Joint property held as joint tenants typically passes to the surviving owner by survivorship, without requiring probate.
• If the deceased died without a valid will, you need letters of administration, not probate — the process is similar but the legal basis differs.

Step 2 — Gather the Documents

You will need to locate and compile:

• The original will (and any codicils — later amendments to the will)
• Proof of death — typically the death certificate, but death can be proved in other prescribed ways under the High Court Rules
• Details of all beneficiaries named in the will, including full legal names and addresses
• Identification documents for the executor
• A list of the deceased’s assets and approximate values at the date of death

If the original will is held by a solicitor or stored with a document custodian, contact them to retrieve it. The court requires the original, not a photocopy.

Step 3 — Complete the Court Forms

The probate application requires two main forms, available online as part of the High Court Rules:

• Form PR1: The application for probate itself. Sets out the basic details — the deceased, the will, the executor.
• Form PR2: The executor’s affidavit. This is the sworn statement by the executor confirming the will’s authenticity, the death of the testator, and the executor’s identity and entitlement to apply.

The affidavit must exhibit the original will. This means the will is identified in the affidavit as an exhibit and included with the submitted paperwork — it is not physically attached to the affidavit but must be present in the filing.

Take care with the form version. Forms are updated periodically, and an outdated version may be rejected or requisitioned.

Step 4 — Swear the Affidavit

The executor’s affidavit must be sworn before an authorised person — a lawyer, Justice of the Peace, or court registrar. It cannot simply be signed; it must be formally sworn or affirmed.

Important:

• Do not sign the affidavit before your witnessing appointment. An affidavit signed in advance (before the authorised person witnesses the swearing) is technically defective and will need to be re-executed.
• The person witnessing the swearing cannot be a beneficiary under the will.
• The original will must be present at the swearing appointment so it can be properly identified and exhibited in the affidavit.

Step 5 — File with the High Court

The completed application is filed at the Wellington High Court Probate Registry. The filing fee is $269, payable at the registry.

When filing:

• Keep complete copies of everything you submit — the court retains the originals
• The court will contact you if there are requisitions (queries or issues requiring correction)
• Filing in person allows you to ask the registry counter staff procedural questions

Step 6 — Wait for the Grant

For a compliant application, the grant of probate is typically issued within about two weeks of filing. The court sends the grant directly to you. Once you have the grant, you have legal authority to deal with the estate.

If the court raises requisitions, the timeline pauses while you address them. Each round adds one to three weeks. Once the requisitions are resolved and resubmitted, the clock restarts.

With the grant in hand, you can begin administering the estate — collecting assets, paying debts, and ultimately distributing to beneficiaries.

Where DIY Probate Applications Go Wrong

Most of the delays in self-filed applications come from a small number of recurring errors. Knowing what they are helps you avoid them.

Common Requisition Triggers

• Affidavit not properly sworn. The most common defect. Either the executor signed before the witnessing appointment, the witness was not authorised, or the original will was not present when the affidavit was sworn.
• Will not properly exhibited. The original will must be identified as an exhibit in the affidavit and included with the filed paperwork. A photocopy does not satisfy the requirement, and the will must not be physically attached to the affidavit itself.
• Incorrect court form version. Using an outdated or incorrect form version triggers a requisition for resubmission.
• Incomplete executor identification. The affidavit must adequately establish the executor’s identity and entitlement to apply.
• Proof of death not established. If death is not proved in one of the prescribed ways under the High Court Rules, the application will be requisitioned. A death certificate is the most common method, but it is not the only one.

The Hidden Cost of Getting It Wrong

Each requisition round adds one to three weeks before the court will issue the grant. During this time:

• Banks and financial institutions will not release the deceased’s assets to the executor — accessing bank accounts and other assets requires the grant first
• Beneficiaries who are waiting for their entitlements become frustrated, and the pressure falls on the executor — this is particularly significant if the estate is the beneficiary’s main financial resource
• If you took time off work to deal with the probate process, the delay has a direct financial cost beyond legal fees
• In rare cases, a deficient application is rejected outright and must be refiled entirely, including a fresh filing fee

The calculation that makes DIY attractive — saving $699 + GST — needs to be weighed against the realistic possibility of multiple weeks of additional delay. If your time has value, or if beneficiaries are relying on the estate, delay is not a free outcome.

DIY vs Professional Preparation — Side by Side

Factor	DIY	Professional (e.g. Simply Probate)
Cost	$269 filing fee only	$699 + GST + $269 filing fee
Time to prepare documents	4–15 hours (depending on experience)	1–2 business days (Simply Probate prepares)
Risk of requisition	Higher — no professional review before filing	Lower — lawyer-reviewed before filing
Affidavit preparation	You draft, then arrange witnessing	Simply Probate prepares in correct format
Court forms	You complete PR1/PR2 from guidance notes	Simply Probate completes based on your information
Support if issues arise	Court registry (limited assistance)	Simply Probate will assist you with any requisitions
Who is responsible	You, personally	You remain executor; Simply Probate handles the application
Best for	Executors with legal/admin experience, simple estates, time available	Executors who want certainty and speed

DIY costs less in direct outlay — $269 versus $803.85 + $269. Professional preparation wins on time, reduced requisition risk, and certainty. The executors who self-select toward DIY are typically those with relevant experience, available time, and a straightforward estate. The executors who self-select toward professional preparation are typically those who value their time at more than the cost difference, want certainty, or simply do not want to deal with the paperwork.

When DIY Probate Makes Sense (and When It Doesn’t)

DIY Is Reasonable When:

• The estate is small and simple — one or two assets, a clear will, no complications
• You have experience with legal or administrative documents
• You have enough time to research the requirements and prepare carefully
• All beneficiaries are cooperative and no disputes are anticipated
• All assets are in New Zealand
• You are not under significant time pressure from beneficiaries or financial institutions

Consider Professional Help When:

• You have not dealt with court documents or affidavits before
• The estate involves multiple asset classes or institutions
• There is any possibility of a challenge to the will
• The deceased died without a will — intestacy adds complexity to the application
• Beneficiaries need access to funds promptly
• You are named as executor but live overseas or far from a High Court registry
• You are dealing with grief alongside the administrative pressure of estate administration
• You simply prefer to have a professional handle it so you can focus on everything else

There is no shame in using a professional service for an unfamiliar legal process. The question is whether the cost saving of DIY outweighs the time and risk — and that is a personal judgement based on your situation.

Frequently Asked Questions

Do I legally need a lawyer to apply for probate in NZ?

No. Probate is an administrative application, not a court hearing. Any executor can file their own application. However, the forms and affidavit have specific legal requirements, and errors or omissions cause delays in the form of requisitions from the court.

How long does DIY probate take?

Document preparation may take 4–15 hours or perhaps longer, depending on your experience with legal paperwork. Court processing typically takes about two weeks for a compliant application. Add one to three weeks per requisition if the court identifies issues. A single requisition round can double the processing time.

What is a requisition?

A requisition is a formal request from the court to correct or supplement your application before the grant is issued. Common triggers include affidavit defects, missing documents, or form errors. Requisitions are significantly more common in self-filed applications than in professionally prepared ones.

Can I start DIY and then switch to a professional service?

Yes. If you have begun the process and run into difficulties, Simply Probate can assess where things stand and take over at that point. Contact us with what you have and we will let you know whether it is easier to continue from your draft or start fresh.

Is $699 + GST really cheaper than doing it myself?

In direct cost terms, no — DIY saves $699 + GST. In time cost, the comparison is less clear. If you value your time at $50 per hour and spend 15 hours on preparation and corrections, the effective cost is $750 in foregone time — before accounting for any delay caused by requisitions, additional trips to a JP, or time spent corresponding with the court. For many executors, the fixed fee is genuinely good value when the full picture is considered.

Where do I get the probate forms?

The High Court forms (PR1 and PR2) are available online as part of the High Court Rules. For a full guide to completing them, see our probate application form guide.

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If you want to compare fixed-fee professional services, see our fixed-fee probate guide. If you are weighing up whether Public Trust is appropriate for your situation, see our comparison of Simply Probate and Public Trust.