What You Will Receive — Your Intestacy Instructions
Follow these step-by-step instructions to complete your intestacy application correctly. Each step is designed to guide you through the process efficiently.
Review Your Documents
You should have received the following documents:
Important: If you have received a Notice of Choice of Option, make a copy AFTER you have signed it.
Sign the Application for Letters of Administration
All administrators must sign and date the application form.
Good news: This signature does NOT need to be witnessed by a lawyer or JP.
Have Your Affidavit Sworn Or Affirmed
All administrators must sign the affidavit in the presence of either:
- A qualified lawyer, or
- A Justice of the Peace (JP)
The affidavit taker should ask each administrator to initial all pages except the front cover.
Documents To Attach To Your Affidavit (these are known as exhibits)
Firstly, don't worry if your affidavit does not mention all of the documents here — everyone's application is slightly different. If your specific affidavit does not mention a document then your circumstances mean that document is not relevant.
If your affidavit refers to any documents which are identified by a corresponding letter (e.g. "A", "B", "C" etc) — such as death certificate, birth certificate, consent, letter from Births, Deaths & Marriages — then there will be a corresponding exhibit note or label to stick on that document.
Read your affidavit carefully to check what documents it refers to.
Sign the Notice of Choice of Option (Spouse/Partner Only)
This step only applies if you are applying as the spouse or partner of the deceased.
First: Sign the Notice of Choice of Option document.
Then: Make a photocopy of the signed document.
Next: Place the exhibit note sticker on the COPY and mark it with the same letter as referred to in your affidavit on the top of the first page (typically this will be "A" or "B" but read the affidavit to check it is consistent).
Finally: Attach this copy to your affidavit (you can use a staple for this).
Important: Keep the original signed Notice of Choice of Option separate - you'll need to include this with your application paperwork when you submit it (but don't attach it to anything).
Exhibit Note(s)
All documents referred to in the affidavit require an exhibit note/label.
For each exhibit document:
- Cut out the corresponding exhibit note
- Use a glue stick to attach it to the relevant document (NOT staples)
- Mark the document with the same letter as referenced in your affidavit on the top of the first page
Check your affidavit: Only documents that are referred to by a letter in your affidavit are exhibits requiring their own exhibit label. Read your affidavit if unsure.
Prepare Supporting Documents
Recommended: Get certified copies of your identity documents from the same lawyer/JP who witnessed your affidavit.
Identity Requirements:
- Passport OR birth certificate + NZ photo licence
- Recent proof of address (bank statement, utility bill, rates notice - less than 12 months old)
Pay the Court Fee
You can pay online using the "File and Pay" service at:
www.courtsofnz.govt.nz/file-and-pay/
When completing online:
- Court Type: High Court Civil
- Location: Wellington
- Case Type: Probate
- Filing Type: Probate
Submit Your Application
Option 1: Post or deliver the hard copy of your paperwork, including the original signed Notice of Choice of Option (if applicable) and sworn/affirmed affidavit, to the Wellington Probate Unit
Option 2: You may choose to upload a scanned copy of your application paperwork using "File and Pay"
Remember: Regardless of whether you choose to upload, you MUST still post the ORIGINAL affidavit and Notice of Choice of Option (if applicable) to the Probate Unit.
Include with posting: Don't forget to include your receipt for the $260 court fee payment when posting documents to the Probate Unit.
Top tip: Keep a complete copy of everything you send for your records.
Wellington Probate Unit Contact Details
Address:
Probate Unit
Wellington High Court
2 Molesworth Street
Wellington 6011
Postal:
PO Box 1091
Wellington 6140
Contact:
Phone: 04 914 3600
Email: [email protected]
Need Help with Intestacy in New Zealand?
Navigating the intestacy process can be complex and emotionally challenging. At Simply Probate, we specialise in guiding New Zealanders through every step of the letters of administration journey with compassion and expertise.
Contact us today for a free initial consultation to discuss your specific situation and how we can help make the process as smooth as possible for you and your family.
Contact Us TodayThis information is current as of May 2025 but is subject to change as laws and court procedures are updated. It is not intended to constitute legal advice. For the most current advice, please consult with a legal professional.