Probate in New Zealand: The Complete 2026 Guide for Executors

What Is Probate?

Probate is a court order confirming that a deceased person's will is valid and that the executor named in the will has authority to deal with the estate. Without probate, banks, land registries, and other institutions will not release assets or transfer property.

The word "probate" comes from the Latin word meaning "to prove." In practical terms, the High Court examines the will, confirms it was properly executed, and issues a formal grant — the "grant of probate" — to the executor.

In New Zealand, the probate process is governed by the High Court Rules 2016 (Part 27) and the Administration Act 1969. All applications are processed centrally through the Probate Registry at the Wellington High Court, regardless of where the deceased lived or where the executor is based.

When Is Probate Required in NZ?

You generally need probate in New Zealand when:

The estate includes real property — land or buildings held in the deceased's sole name cannot be transferred without a grant. Land Information New Zealand (LINZ) requires the grant before processing any transfer.
A bank or institution holds more than $40,000 — the statutory threshold for requiring a grant was raised from $15,000 to $40,000 on 24 September 2025.
The deceased held shares worth more than $15,000 — share registries require probate before transferring or releasing holdings worth more than $15,000.
KiwiSaver balance is above the institution's threshold — each KiwiSaver provider sets its own internal limit.

For a detailed breakdown of the exceptions, see our guide to when probate is not required in NZ.

When Is Probate NOT Required?

There are situations where you may not need to apply for probate:

Jointly owned assets — property held as "joint tenants" passes automatically to the surviving owner on death (right of survivorship). No grant is needed. But check the title carefully: property held as "tenants in common" does NOT pass automatically and does require a grant. See joint property and probate.
Small balances — if no single institution holds more than $40,000 (or its own internal threshold), you may be able to access funds using a statutory declaration rather than a court order.
Nominated beneficiaries — some life insurance policies and KiwiSaver accounts have nominated beneficiaries. If a valid nomination is in place, the funds may be paid directly to the nominee without a grant.
No real property — if the estate consists only of bank accounts, personal belongings, and small investments — all under threshold — a grant may not be needed.

Even in borderline cases, getting probate provides certainty and protection for the executor. Without it, individual institutions may refuse to release assets or impose their own conditions.

The Probate Application Process: Step by Step

Here is how to apply for probate in New Zealand.

Step 1: Locate the original will

The High Court requires the original will, not a copy. Check with the deceased's lawyer, bank (safe custody), or at the deceased's home. If the original cannot be found, a separate application to prove a copy may be needed — this is more complex and takes longer.

Step 2: Identify all assets and liabilities

Contact banks, KiwiSaver providers, insurance companies, share registries, and any other institutions to identify what the deceased held. Prepare a schedule of assets (with estimated values) and liabilities (outstanding debts). This schedule forms part of the court application.

For guidance on dealing with banks, see accessing deceased bank accounts in NZ.

Step 3: Prepare the court forms

The application requires:

Form PR1 — Application for probate. This sets out the basic information: the deceased's details, the executor's details, the date and place of death, and a summary of the estate.
Probate in Common Form — the formal request to the court to grant probate.
Form PR2 — Affidavit of the executor. This is a sworn or affirmed statement by the executor confirming the facts in the application, including how the executor can prove the death of the deceased (for example, by attending the funeral or viewing the body).
Supporting documents — the original will (which must accompany the application) and any additional documents the Registry may require.

For a detailed walkthrough of each form, see our probate application form guide.

Step 4: Swear or affirm the affidavit

The Form PR2 affidavit must be sworn (on oath) or affirmed before a solicitor, Justice of the Peace, or registrar of the court. This cannot be done remotely — the executor must appear in person before the person administering the oath.

Step 5: File the application

File the completed application at the Probate Registry at the Wellington High Court. The filing fee is $269, payable by cheque, EFTPOS, or credit card. Applications can be filed in person, by post, or by courier.

Step 6: Wait for the grant

The Probate Registry reviews the application. If everything is in order, the grant of probate is typically issued within 1–2 weeks. If the Registry has questions or requires additional information, it will issue a "requisition" — the executor must respond before the application can proceed. Each requisition adds time to the process.

Probate Costs in New Zealand

The cost of probate has two components: court fees and professional fees.

Court fees (set by government):

Fee	Amount
Probate application (Form PR1)	$269
Letters of administration	$269

Professional fees (variable):

Provider	Typical cost
Simply Probate	$699 + GST (fixed fee)
Traditional law firm	$2,000–$5,000+
Public Trust	Varies — often a percentage of estate value

New Zealand does not have inheritance tax, estate duty, or capital gains tax on estate distributions. The $269 filing fee is the only government charge.

For a comprehensive cost breakdown including hidden costs and disbursements, see our probate cost guide.

How Long Does Probate Take?

The Wellington High Court Probate Registry typically processes compliant probate applications within 1–2 weeks, assuming no queries arise. Letters of administration applications typically take 2–4 weeks. The main variable in the overall timeline is how quickly the application is prepared and filed.

Simply Probate prepares applications in 1–2 business days. Traditional law firms typically take much longer.

After the grant is issued, the full estate administration — collecting assets, paying debts, and distributing to beneficiaries — can take 6–12 months depending on the complexity of the estate. This is a separate process from the probate application itself.

For a detailed timeline breakdown including what causes delays, see how long does probate take in NZ.

Probate vs Letters of Administration

If the deceased left a valid will naming an executor, you apply for probate. If there is no will — or the named executor cannot act — you apply for letters of administration.

	Probate	Letters of Administration
When it applies	Valid will with named executor	No will, or no executor able to act
Who applies	The executor named in the will	Next of kin (priority order in Administration Act 1969)
Title of the applicant	Executor	Administrator
How the estate is distributed	According to the will	According to intestacy rules (or the will, if annexed)
Court fee	$269	$269
Simply Probate fee	$699 + GST	POA

Letters of administration is a more involved process than probate — additional documentation is required, including proof of the applicant's relationship to the deceased and renunciations from higher-priority applicants. Court processing typically takes 2–4 weeks (compared with 1–2 weeks for probate).

For full details on the letters of administration process, see our letters of administration guide.

For the intestacy distribution rules (when there is no will), see intestacy distribution in NZ.

What Happens After Probate Is Granted?

Once the court issues the grant, the executor has legal authority to manage the estate. The post-grant process involves:

1. Collect assets

Present the grant to each institution (banks, KiwiSaver providers, share registries) and request release or transfer of the deceased's holdings. Most institutions process this within 1–4 weeks of receiving the grant and their own required documentation.

2. Pay debts and expenses

The executor must pay all legitimate debts from the estate before distributing to beneficiaries. This includes funeral expenses, outstanding bills, mortgages, and any tax owing. If the estate does not have enough to cover all debts, a specific priority order applies.

3. Notify IRD

The executor must notify Inland Revenue of the death and file the deceased's final tax return (covering income from 1 April to the date of death). If the estate earns income after death (rent, interest), a separate IRD number for the estate may be needed.

4. Advertise for creditors

Publishing a notice in the New Zealand Gazette and a local newspaper provides protection against unknown creditors. This is not legally required, but it is standard practice and protects the executor from personal liability.

5. Wait the claim period

Most executors wait at least 6 months before making final distributions. If the estate is distributed within 6 months of the grant, the executor may be personally liable for any debts of the estate that come to light afterwards. Claims under the Family Protection Act 1955 have a separate 12-month limitation period. See what happens 6 months after probate.

6. Prepare estate accounts

The executor should prepare a final accounting of all estate transactions — assets collected, debts paid, and the proposed distribution — for the beneficiaries' review before distributing.

7. Distribute to beneficiaries

Transfer the remaining assets to the beneficiaries according to the terms of the will.

For the full list of executor responsibilities, see our executor duties guide.

Executor Duties: A Summary

The executor's responsibilities include:

Securing the deceased's property and assets
Arranging the funeral (if not already done)
Locating and proving the will
Applying for probate
Identifying and valuing all assets
Paying debts, taxes, and expenses
Managing estate property until sold or transferred
Distributing the estate according to the will
Keeping proper records and accounts

An executor has a fiduciary duty to the beneficiaries — they must act honestly, in good faith, and in the best interests of the estate. Personal interests must not conflict with estate duties.

For a comprehensive guide to each duty, see executor duties and responsibilities in NZ.

Common Mistakes in the Probate Process

Filing an incomplete application. The most common cause of delays. The Probate Registry will issue a requisition if any required information is missing, adding 1–2 weeks per round of correspondence.

Using a copy of the will instead of the original. The High Court requires the original. If it cannot be found, a separate process is needed to prove the copy — significantly more complex.

Not checking whether probate is actually needed. For very small estates or estates consisting entirely of jointly owned assets, probate may not be required. Checking first can save time and money. See when probate is not required.

Distributing the estate too early. Making final distributions before the 6-month claim period carries risk. If a claim is made after distribution, the executor may be personally liable.

Confusing joint tenancy with tenancy in common. Only joint tenancy assets pass automatically to the surviving owner. Tenancy in common assets form part of the estate and require probate. The distinction is on the title — check it. See joint property and probate.

Frequently Asked Questions

What is probate in NZ?

Probate is a court order from the High Court confirming that a deceased person's will is valid and that the executor named in the will has authority to manage the estate. It is required before banks, LINZ, and other institutions will release or transfer assets.

How much does probate cost in NZ?

The High Court filing fee is $269. Professional preparation fees vary: Simply Probate charges a fixed $699 + GST; traditional law firms typically charge $2,000–$5,000+. New Zealand has no inheritance tax or estate duty. See our cost guide.

How long does probate take in NZ?

The Wellington High Court Probate Registry typically processes compliant probate applications within 1–2 weeks, assuming no queries arise. Letters of administration typically takes 2–4 weeks. Full estate administration can take 6–12 months after the grant. See our timeline guide.

Do I need probate if there is no will?

If there is no will, you apply for letters of administration instead of probate. The process is more involved and court processing typically takes 2–4 weeks (compared with 1–2 weeks for probate). See our letters of administration guide.

Can I apply for probate online in NZ?

The court application itself must be filed at the High Court (by post, courier, or in person). However, Simply Probate prepares the entire application online — you complete a guided interview from anywhere in New Zealand, and we prepare all the court documents ready for filing.

Do I need a lawyer for probate?

You are not legally required to use a lawyer. You can prepare and file the application yourself — the only mandatory cost is the $269 filing fee. However, the forms and requirements are technical, and errors cause delays. Most executors find professional preparation worthwhile. Simply Probate offers a fixed-fee alternative at $699 + GST.

What is the difference between probate and letters of administration?

Probate applies when there is a valid will naming an executor. Letters of administration applies when there is no will or no executor available. Letters of administration is a more involved process — court processing typically takes 2–4 weeks compared with 1–2 weeks for probate.

When is probate not required in NZ?

Probate may not be required if the estate consists only of jointly owned assets, if no single institution holds more than $40,000, or if all assets have nominated beneficiaries. See when probate is not required.

Probate Services Across New Zealand

Simply Probate operates as a fully remote service wherever you are in New Zealand. Probate applications are prepared for a fixed $699 + GST. Letters of administration applications are available on application — contact us for a quote.

Simply Probate is a probate application preparation service. We do not provide tax advice. Tax obligations arising from a deceased estate should be discussed with an accountant or tax advisor.