Probate Timeline in New Zealand: What to Expect

One of the most common questions about probate in New Zealand is "How long will it take?" This article outlines the typical timeline for obtaining probate and settling an estate.

Typical Probate Timeline

1. Initial preparation (1-3 weeks)

   Gathering documents, notifying relevant parties, and preparing the application.

   • Gathering necessary documents
   • Preparing the application forms
   • Obtaining the death certificate
   • Understanding extent of the deceased's assets
2. Court processing time (4-8 weeks)

   Once submitted, the High Court typically takes 4-8 weeks to process a standard probate application (but can be quicker).

   • Application review by the Probate Registry
   • Additional information requests (if needed)
   • Issuing of the grant of probate
3. Estate administration (3-12 months)

   After receiving probate, the full administration of the estate generally takes 3-12 months, depending on complexity.

   • Collection of assets
   • Payment of debts and taxes
   • Sale of property (if required)
   • Distribution to beneficiaries

Factors That Affect the Timeline

Several factors can extend the probate timeline:

• Will disputes: Can add months or even years to the process
• Estate complexity: Multiple assets, international holdings, or businesses extend the timeline
• Court backlog: At busy times, court processing may take longer
• Missing documentation: Incomplete applications will be delayed
• Creditor claims: The executor must allow time for creditors to make claims
• Tax clearances: Waiting for tax clearances can add weeks to the process

The "Six Month Rule"

In New Zealand, executors are protected from liability if they distribute the estate after six months from the grant of probate, assuming they have:

• Given proper notice to potential creditors
• Paid all known debts
• Had no notice of any further claims against the estate

This rule is why many executors wait at least six months before final distribution, even if all other administration is complete.

How Simply Probate Expedites the Process

Our services can help reduce delays by:

• Ensuring applications are complete and accurate the first time
• Managing expectations with realistic timelines
• Proactively addressing potential complications
• Providing regular updates throughout the process