When Probate is Not Required in New Zealand

While probate is commonly required for estate administration, there are several situations where it may not be necessary in New Zealand. This article explains when you can avoid the probate process and what alternatives exist.

Common Situations Where Probate May Not Be Required

1. Small estates

   Many financial institutions in New Zealand have threshold policies allowing release of funds without probate if the account balance is below a certain amount (typically $15,000, but varying by institution).

2. Jointly owned assets

   Assets owned as "joint tenants" (such as jointly owned homes or bank accounts) automatically pass to the surviving owner without requiring probate.

3. Assets with named beneficiaries

   Some assets like KiwiSaver accounts, life insurance policies, and certain investments allow direct beneficiary nominations, bypassing the estate.

4. Trust assets

   Assets properly held in trust aren't part of the deceased's estate and don't require probate to transfer.

Using Statutory Declarations Instead of Probate

For small estates, many institutions will accept:

• A death certificate
• A completed statutory declaration explaining:
  • The relationship to the deceased
  • Whether there was a will
  • The value of the entire estate
  • Who is entitled to receive the assets
• Proof of identity
• A copy of the will (if one exists)

Transmission Without Probate

Land Information New Zealand (LINZ) provides a "Transmission Without Probate" process for property when:

• The deceased was the sole owner of the property
• The total value of the estate is less than $15,000
• The proper application forms are submitted

Benefits of Avoiding Probate

• Faster access to assets: No waiting for court processing
• Lower costs: No court filing fees or related legal expenses
• Less paperwork: Simplified administration process
• Greater privacy: Avoiding public court records

When You Should Still Consider Probate

Even if technically not required, probate might be advisable when:

• There are disputes among beneficiaries
• The will's validity might be questioned
• The estate has complex assets or debts
• You want legal protection as the executor