What is Probate in NZ? A Complete Guide for 2025

Understanding Probate in New Zealand

Probate in New Zealand is the legal process that validates a deceased person's will and authorizes the executor to administer the estate according to the deceased's wishes. If you're dealing with the loss of a loved one, understanding probate is essential for ensuring their assets are distributed properly and legally.

Many New Zealanders find themselves asking "what is probate NZ?" when faced with settling a loved one's estate. This comprehensive guide explains everything you need to know about the probate process in New Zealand, from application to completion.

When is Probate Required in New Zealand?

Probate is generally required in New Zealand when:

• The deceased owned assets in their sole name
• The estate includes land or property
• Financial institutions holding the deceased's assets (such as banks) require probate before releasing funds
• The estate is worth more than $15,000 at any single institution

However, there are situations when probate may not be required. Small estates or jointly owned assets often don't need probate to be transferred to beneficiaries.

The Probate Application Process in New Zealand

Applying for probate in NZ involves several important steps:

1. Locate the original will - This is crucial as the High Court requires the original document, not a copy
2. Prepare the necessary documents - Including an application for probate, affidavit of executor, and death certificate (in certain circumstances)
3. File the application with the High Court - All probate applications in New Zealand must be submitted to the Probate Registry at the Wellington High Court, regardless of where the deceased lived
4. Pay the filing fee - Currently $260 for standard applications (fee waivers may be available for those who qualify - this needs to be applied for separately)
5. Wait for processing - The Court will review your application and may request additional information

How Long Does Probate Take in NZ?

One of the most common questions we receive is "how long does probate take in NZ?" The timeline varies based on several factors:

• Standard processing time - Typically 4-6 weeks from filing to receiving the grant of probate (but has been taking considerably less than this recently)
• Contested wills - Can extend the process significantly, think 12+ months

After receiving the grant of probate, executors generally need an additional 6-12 months to fully administer the estate, including paying debts, selling assets, and distributing to beneficiaries.

Probate Costs in New Zealand

The costs associated with probate in NZ typically include:

• High Court filing fee: $260
• Legal fees: Vary depending on complexity ($1,500-$5,000+)

Many executors choose to work with a lawyer to navigate the probate process, particularly for larger or more complex estates.

What Happens After Probate is Granted?

Once probate is granted in New Zealand, the executor has the legal authority to:

1. Collect and manage all assets of the deceased
2. Pay outstanding debts and taxes
3. Sell property or assets if necessary
4. Distribute the remaining estate to beneficiaries according to the will

The distribution phase typically begins 6 months after probate is granted, allowing time for potential claims against the estate.

Common Probate Questions in New Zealand

Do You Have to Wait 6 Months After Probate?

While not legally required to wait the full 6 months, most executors do wait this period before final distribution. This provides protection against potential claims against the estate, such as by creditors.

Can I Apply for Probate Online in NZ?

Currently, the full probate application process cannot be completed entirely online in New Zealand. However, forms can be downloaded from the Courts of New Zealand website, and some lawyers offer digital services to help prepare your application.

How to Get a Copy of Probate in NZ

To obtain a copy of a probate document:

1. Contact the High Court registry where probate was granted
2. Provide the deceased's name and date of death
3. Pay the required fee for document copies
4. Allow 5-10 working days for processing

This 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.