Executor Duties in NZ — What You Must Do (and How to Step Down) | Simply Probate

Named as Executor? Your Duties, Your Paperwork, and Your Options

Being named as executor in a will is a significant responsibility. This guide explains what you are legally required to do, what paperwork is involved, and what happens if you cannot — or do not want to — take on the role.

What Does an Executor Do?

An executor is the person named in a will to carry out the deceased’s wishes. The role carries legal duties and personal liability. It is not optional in the sense that the estate needs someone to act — but you are not legally forced to take it on.

Your core duties as executor are:

1. Locate the original will and confirm you are named as executor.
2. Apply for probate at the Wellington High Court Probate Registry. This is the court order that gives you legal authority to deal with the estate.
3. Identify and secure the estate’s assets — bank accounts, property, investments, KiwiSaver, vehicles, personal property.
4. Pay the deceased’s debts and liabilities — funeral costs, outstanding bills, any tax obligations.
5. Distribute the estate to the beneficiaries according to the will.

Until probate is granted, you have limited legal authority. Banks and other institutions will generally not release assets to you without a grant of probate. This is why applying for probate is usually the first practical step.

What Paperwork Is Involved?

The probate application itself requires:

• The original will (and any codicils)
• An application in the prescribed form under the High Court Rules 2016
• An affidavit by the executor — a sworn statement confirming the will is genuine, the deceased has died, and you are the named executor. This must be an original document, signed before a witness.
• The death certificate
• The High Court filing fee of $269

All of these are filed at the Wellington High Court Probate Registry. The process is paper-based because the court requires the original will and original sworn affidavit — not electronic copies.

Once filed, the grant of probate is typically issued within about two weeks.

Can I Say No? How to Renounce as Executor

Yes. You are not obliged to act as executor. If you do not want the role — or cannot take it on due to illness, distance, conflict of interest, or any other reason — you can formally renounce.

Key rule: You must renounce before you intermeddle with the estate. Intermeddling means taking any step to deal with the estate’s assets — even something as small as contacting the bank about the deceased’s account. Once you have intermeddled, you may not be able to renounce without the court’s permission.

To renounce, you sign a deed of renunciation — a formal document in which you give up your right to apply for probate. This is filed at the Wellington High Court Probate Registry.

If all named executors renounce, a family member can apply for letters of administration with will annexed instead.

What If There Are Multiple Executors?

If the will names more than one executor:

• All executors can act jointly (most common)
• One or more can renounce while the remaining executor(s) act
• An executor who does not wish to act immediately can reserve power — meaning they do not renounce but allow the other executor(s) to apply for probate without them, with the right to step in later if needed

In practice, having a co-executor willing to act makes the process straightforward. The renouncing executor signs a renunciation, and the remaining executor proceeds with the probate application.

What If the Executor Does Not Apply for Probate?

If the named executor does not apply for probate and does not renounce, the estate is stuck. Beneficiaries may feel frustrated, but they cannot force the executor to act.

In this situation, a beneficiary can:

• Ask the executor to renounce so someone else can apply
• Apply to the court to pass over the executor and appoint an administrator (under the Administration Act 1969)
• Seek legal advice if the executor is actively mismanaging the estate

The simplest solution is usually for the reluctant executor to sign a renunciation so a willing family member can apply for letters of administration with will annexed.

What Are the Executor’s Legal Obligations?

Executors owe duties to the estate and the beneficiaries. The main obligations are:

• Act honestly and in good faith. The executor must act in the interests of the estate, not their own.
• Keep accounts. The executor must be able to account for all estate assets and expenditure.
• Distribute within a reasonable time. There is no fixed deadline, but unreasonable delay can expose the executor to claims.
• Not profit from the role. An executor cannot pay themselves from the estate unless the will specifically authorises it or the court grants permission.

An executor who breaches these duties can be held personally liable. If the role feels overwhelming, getting professional help with the probate application is a practical first step.

Frequently Asked Questions

What are the duties of an executor in New Zealand?

An executor must apply for probate, identify and secure the deceased’s assets, pay debts and liabilities, and distribute the estate according to the will. Until probate is granted by the High Court, the executor has limited legal authority to deal with the estate.

Can I refuse to be an executor in NZ?

Yes. You can formally renounce by signing a deed of renunciation filed at the Wellington High Court Probate Registry. You must renounce before you intermeddle with the estate — meaning before you take any steps to deal with the deceased’s assets.

What happens if the executor does not apply for probate?

The estate cannot be administered until someone applies for a grant. If the named executor will not act and will not renounce, a beneficiary can apply to the court to pass over the executor and appoint an administrator under the Administration Act 1969.

Do I need a lawyer to apply for probate as executor?

You are not legally required to use a lawyer, but the application involves court forms, a sworn affidavit, and compliance with the High Court Rules. Most executors use a professional service. Simply Probate prepares the entire application for a fixed $699 + GST.

What is intermeddling in an estate?

Intermeddling means taking any step to deal with the deceased’s assets before applying for probate — such as contacting the bank, collecting rent, or distributing personal property. Once you have intermeddled, you may lose the right to renounce as executor without the court’s permission.

What is a deed of renunciation?

A deed of renunciation is a formal legal document in which a named executor gives up their right to apply for probate. It is filed at the Wellington High Court Probate Registry. Once filed, the remaining executor(s) can proceed, or a family member can apply for letters of administration with will annexed.