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What You Will Receive — Your Probate Instructions

Follow these step-by-step instructions to complete your probate application correctly. Each step is designed to guide you through the process efficiently.

1

Review Your Documents

You should have received the following documents:

📄
Application for Probate
📋
Affidavit in Support
⚖️
Probate & Copy Probate
🏷️
Exhibit Note Sticker
Important: Make copies of the original will BEFORE placing any stickers or markings on it.
2

Sign the Application for Probate

All executors must sign and date the application form.

Good news: This signature does NOT need to be witnessed by a lawyer or JP.
3

Have Your Affidavit Sworn Or Affirmed

All executors must sign the affidavit in the presence of either:

  • A qualified lawyer, or
  • A Justice of the Peace (JP)
Critical: Bring the ORIGINAL will with you. The affidavit taker will need to sign the exhibit sticker on the original will. Do NOT attach the will to the affidavit - keep them separate.
The affidavit taker should ask each executor to initial all pages except the front cover.
4

Original Will

First: Cut out the exhibit note from the attached sheet.

Then: Use a glue stick to attach the exhibit note to the original will. Do NOT use staples.

Mark the will with the same letter as referred to in your affidavit (usually this will be an "A" but it might be different, so check the affidavit first).

Placement tip: If the exhibit note would obscure important text, you can place it on the reverse of a page instead.
Handle with care: Do not attach, detach, or remove any staples from the original will. Staple holes can suggest tampering.
5

Exhibit Note(s)

Simple applications: The only exhibit will be the original will (already completed in Step 4).

Complex applications: You may have additional documents that require exhibit notes (e.g. codicil, renunciation of probate, etc.).

For each additional 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
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.
6

Prepare Supporting Documents

Attach a clean photocopy of the will to the "Probate In Common Form" document (but NOT to the Copy Probate).

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)
7

Court Filing

Take all completed documents to the High Court Registry nearest to where the deceased lived:

Filing Fee: $260

Payment methods: EFTPOS, cash, or cheque

Important: The court will keep the original will. Make sure you have made photocopies for your records before filing.

Need Help?

If you have any questions about these instructions or need assistance with your probate application, our team is here to help.

Book a Free Consultation