Do You Have to Wait 6 Months After Probate in NZ?

If you're an executor or beneficiary of an estate in New Zealand, you may have heard about the "six-month rule" and wonder: "do you have to wait 6 months after probate in NZ before distributing assets?" This is one of the most common questions about the probate process in New Zealand.

What Is the Six-Month Rule in New Zealand?

The Legal Basis

The six-month rule refers to the period after probate is granted during which certain family members can make claims against an estate under:

• The Family Protection Act 1955 - Allowing claims from close family members who believe they weren't adequately provided for
• The Law Reform (Testamentary Promises) Act 1949 - Enabling claims from people who were promised something by the deceased in return for services or support

Under these Acts, eligible claimants have up to 12 months from the grant of probate to file claims. However, executors generally wait 6 months before making final distributions, as this provides a reasonable balance between protecting the executor and not unnecessarily delaying beneficiaries.

Is the Six-Month Wait Legally Required?

This is a key distinction that many people misunderstand:

• There is no strict legal requirement that executors must wait 6 months before distributing assets
• However, executors who distribute before 6 months may be personally liable for any successful claims if they were aware of potential claimants
• The 6-month period has become standard practice as a protective measure for executors

Protection for Executors Who Follow the Six-Month Rule

Executors who wait 6 months before distributing receive important legal protections:

• Under Section 47 of the Administration Act 1969, executors can distribute assets after the six-month period without being personally liable for claims they had no notice of
• This protection applies only if the executor has advertised for creditors and claims
• The executor must still address any claims they were aware of before distribution

Managing Beneficiary Expectations

As an executor, clear communication with beneficiaries is essential:

• Explain the six-month rule and why it exists
• Provide an estimated timeline for distribution
• Keep beneficiaries informed of any potential claims or issues
• Consider interim distributions if appropriate and safe

What Happens After the Six-Month Period?

Once the six-month period has passed, the executor typically:

1. Prepares final accounts for the estate
2. Obtains clearance from tax authorities
3. Makes final distributions to beneficiaries
4. Requests beneficiaries to sign receipts
5. Closes the estate account