Joint Property and Probate NZ — Tenants in Common vs Joint Tenants | Simply Probate

Does Jointly Owned Property Need Probate in New Zealand?

When someone dies owning property jointly with another person, the first question is always: do we need probate? The answer depends entirely on how the property was held.

Two Ways to Own Property Jointly in New Zealand

When two or more people own property together in New Zealand, the title will be registered in one of two ways:

1. Joint tenancy — the owners hold the property together as a single unit. When one owner dies, their share passes automatically to the surviving owner(s). This is called the right of survivorship.

2. Tenants in common — each owner holds a defined share of the property (e.g., 50/50, or 60/40). When one owner dies, their share does not pass automatically to the other owner. Instead, it forms part of the deceased’s estate and passes according to their will or the intestacy rules.

The distinction is critical because it determines whether probate is required.

Joint Tenancy — No Probate Needed

If the property is held as joint tenants, the surviving owner does not need probate to become the sole owner. The right of survivorship operates automatically on death.

To update the title at Land Information New Zealand (LINZ), the surviving owner provides:

• The death certificate
• A transmission application (prepared by a solicitor or conveyancer)

No grant of probate or letters of administration is needed for this step. The property is not treated as part of the deceased’s estate for the purpose of title transfer.

However: this only applies to the property itself. If the deceased had other assets — bank accounts, investments, KiwiSaver — those assets may still require probate depending on their value and the requirements of the institutions holding them.

Tenants in Common — Probate Is Required

If the property is held as tenants in common, the deceased’s share forms part of their estate. To transfer that share — whether to a beneficiary under the will or to the next of kin under the intestacy rules — the executor or administrator must first obtain a grant of probate or letters of administration.

LINZ will not transfer the deceased’s share without seeing a grant from the High Court. There is no small-estate exemption for property.

Once the grant is obtained, the executor or administrator files a transmission application at LINZ to transfer the deceased’s share to the entitled person.

How to Check Which Type You Have

The ownership type is recorded on the property title. You can check by:

• Looking at the original title documents from when the property was purchased
• Searching the LINZ Landonline register (your solicitor or conveyancer can do this)
• Checking with the solicitor who handled the property purchase

The title will state either “as joint tenants” or “as tenants in common” (sometimes with specified shares, e.g., “as tenants in common in equal shares”).

If you are unsure, do not guess — confirm with LINZ or a property lawyer before assuming probate is not required.

Common Scenarios

Married or de facto couples: Most couples in New Zealand hold their family home as joint tenants. This means the property passes to the surviving partner automatically, with no probate required for the property transfer.

Investment partners or family arrangements: Properties held between business partners, siblings, or parents and children are more commonly held as tenants in common — meaning probate will be required to transfer the deceased’s share.

Relationship property agreements: Some couples hold property as tenants in common following a contracting-out agreement (prenup) under the Property (Relationships) Act 1976. In these cases, probate is required for the deceased’s share even though the owners were in a relationship.

What About the Rest of the Estate?

Even if the property passes by survivorship (joint tenancy) and does not require probate, the deceased may have other assets that do. Bank accounts, investments, vehicles, and KiwiSaver may all require a grant before the institutions will release them.

If you need probate for other assets, the property can be included in the schedule of assets even if it passes by survivorship — this can be useful for completeness and for dealings with IRD.

For more on when probate is and is not required, see When Is Probate Not Required in NZ?.

Frequently Asked Questions

Does jointly owned property need probate in New Zealand?

It depends on how the property was owned. Joint tenants — no, the property passes automatically to the surviving owner by right of survivorship. Tenants in common — yes, probate or letters of administration is required to transfer the deceased’s share.

What is the difference between joint tenants and tenants in common?

Joint tenants hold property as a single unit — when one dies, the survivor automatically becomes sole owner. Tenants in common each hold a defined share — when one dies, their share forms part of their estate and must be dealt with through probate or letters of administration.

How do I find out if property is held as joint tenants or tenants in common?

Check the property title, which is recorded on the LINZ Landonline register. The title will state either “as joint tenants” or “as tenants in common.” Your solicitor or conveyancer can search this for you.

Can I transfer tenants in common property without probate?

No. Land Information New Zealand requires a grant of probate or letters of administration before it will transfer a deceased person’s share in a tenants in common property. There is no small-estate exemption for property transfers.

Does the surviving joint tenant need to do anything?

Yes. The surviving joint tenant must file a transmission application at LINZ with the death certificate to update the title into their sole name. This does not require probate — just the death certificate and the application, which a solicitor or conveyancer prepares.