When Is Probate Not Required in NZ? Threshold & Exemptions | Simply Probate

Understanding When You Can Skip Probate in New Zealand

When dealing with a loved one’s estate in New Zealand, probate isn’t always necessary. Knowing when probate is not required in NZ can save you time, money, and stress during an already difficult period.

This guide explains the situations where you may be able to bypass the probate process, helping you make informed decisions about managing a deceased person’s estate.

What Is the Probate Threshold in New Zealand?

Unlike some countries, New Zealand does not have a single statutory threshold below which probate is not required. There is no line in the Administration Act 1969 that says “estates under $X do not need probate.”

Instead, the practical threshold is set by the institutions that hold the deceased’s assets. Each bank, insurer, or KiwiSaver provider has its own internal policy on how much it will release without seeing a grant of probate or letters of administration.

Typical Institutional Thresholds

The thresholds vary and can change without notice, but as a general guide:

• Banks: Most major NZ banks will release balances below $15,000–$30,000 on production of a death certificate and statutory declaration. Some may release higher amounts at their discretion.
• KiwiSaver providers: Each provider has its own threshold. Some will release the full balance without a grant; others require one regardless of amount.
• Insurance companies: Life insurance policies are often paid directly to a named beneficiary without probate. If the estate is the beneficiary, the insurer may have its own threshold.
• Land Information New Zealand (LINZ): There is no small-estate exemption for property. If the deceased owned land or a house, you need a grant of probate or letters of administration to transfer the title — regardless of value.

The Key Principle

The test is not the total value of the estate. It is whether any individual institution holding the deceased’s assets requires a grant before releasing them. An estate worth $500,000 might not need probate if the only asset is a jointly held house (which passes by survivorship). An estate worth $20,000 might need probate if the bank insists on a grant before releasing the funds.

If you are unsure, contact each institution directly and ask: “Will you release these funds/transfer this asset on production of a death certificate, or do you require a grant of probate?”

What If I Am Just Under the Threshold?

Be cautious. If you are close to an institution’s internal threshold, it may still insist on a grant — especially if there is any complexity (e.g., disputed beneficiaries, uncertain next of kin, or debts against the estate). The safest course is to apply for probate or letters of administration if there is any doubt.

Simply Probate can advise whether a grant is likely to be required in your situation. Contact us for a free initial assessment.

If I Have a Will, Do I Still Need Probate?

Having a will does not automatically mean probate is required — and not having a will does not automatically mean it is not required. The two questions are separate.

A will determines who gets what and who is in charge of the estate. The executor named in the will is the person authorised to deal with the estate.

Probate determines whether institutions will recognise that authority. Banks, LINZ, and other asset holders often require a court-issued grant of probate before they will release assets to the executor — even if the will clearly names them.

So the answer is: if you have a will, you may still need probate. It depends on the nature and value of the assets, and whether the institutions holding those assets require a grant before releasing them.

In practice, most estates with property or significant bank balances will require probate, regardless of whether there is a will.

If there is no will, the equivalent process is letters of administration.

Common Situations When Probate Is Not Required in NZ

1. Small Estates

In New Zealand, probate is often not required for smaller estates. Specifically:

• When the total estate value is relatively small (typically less than the statutory threshold: $15,000 until 23 September 2025, $40,000 from 24 September 2025 onwards, at any single institution)
• When banks and financial institutions are willing to release funds without requiring probate
• When the estate doesn’t include real property (land or houses)

Many financial institutions in New Zealand release funds up to the statutory threshold ($15,000 until 23 September 2025, $40,000 from 24 September 2025 onwards) without probate, though some institutions may apply their own internal policies.

2. Jointly Owned Assets

Assets that were jointly owned with the deceased often don’t require probate to transfer ownership:

• Joint bank accounts automatically pass to the surviving account holder
• Property owned as “joint tenants” transfers directly to the surviving owner
• Jointly held investments typically transfer through a simple death notification process

This automatic transfer occurs through the legal principle of “survivorship,” where the deceased’s share directly passes to the surviving joint owner without needing to go through the estate.

3. Assets With Named Beneficiaries

Certain assets that have designated beneficiaries bypass the probate process:

• Life insurance policies with named beneficiaries
• KiwiSaver accounts with specified beneficiaries
• Superannuation funds with binding death nominations

These assets transfer directly to the named beneficiaries through the provider’s own processes, independently of the will or probate.

4. Family Trusts

Assets properly held in family trusts aren’t considered part of the deceased’s personal estate:

• Trust assets continue to be managed by the trustees
• The trust deed governs what happens after the death of a settlor or trustee
• No probate is required to deal with trust assets

This is one reason many New Zealanders use family trusts as part of their estate planning strategy.

Alternatives to Probate in New Zealand

Transmission Without Probate

For smaller estates, many institutions offer simplified processes:

• Banks may release funds with a death certificate, will copy, and indemnity form
• Share registries often have small estate procedures for transferring shares
• Government agencies like IRD have their own processes for dealing with a deceased’s accounts

Statutory Declaration Process

Some organisations accept a statutory declaration from the executor or next of kin:

1. The declaration confirms the person’s right to deal with the assets
2. It typically includes indemnity to protect the organisation
3. It must be witnessed by an authorised person (lawyer, JP, etc.)

Letters of Administration (For No Will)

If there is no will, but the estate is too small to warrant formal letters of administration:

• Some institutions will accept declarations from the person entitled under the intestacy rules
• This often requires legal advice to ensure compliance with the Administration Act 1969

The Probate Threshold: Understanding the Rules

The statutory threshold for probate in New Zealand has changed:

• The threshold was $15,000 until 23 September 2025
• From 24 September 2025 onwards, the threshold increased to $40,000
• This applies to the total value of assets held at any single institution
• Financial institutions typically follow this statutory threshold, though some may apply their own internal policies

Benefits of Avoiding Probate in NZ

When probate is not required in NZ, you can benefit from:

• Faster access to assets - Avoiding the 4-6 week standard probate process
• Cost savings - No court filing fees or reduced legal fees
• Simplified administration - Less paperwork and formal requirements
• Privacy - Avoiding the public record aspect of probate

When You Should Still Consider Probate

Even when probate might not be strictly required, sometimes it’s still advisable:

• When there could be disagreements among beneficiaries
• When the executor needs legal protection
• When dealing with complex asset structures
• When the estate includes overseas assets

How to Determine if Probate is Required for Your Situation

To assess whether probate is needed for your specific circumstances:

1. Make an inventory of all the deceased’s assets and their ownership structure
2. Contact financial institutions to understand their requirements — even without probate, you will need to access the deceased’s bank accounts
3. Check property titles to determine ownership structure — if the property was held as joint tenants, probate may not be needed for the property itself. See joint property and probate
4. Consult with a lawyer specialising in estate administration

Remember that if probate is required, applications must be submitted to the Probate Registry at the Wellington High Court with the current filing fee of $269 (though fee waivers may be available for those who qualify).

Planning Ahead to Avoid Probate

If you’re planning your own estate, consider these strategies to minimise probate requirements:

• Set up joint ownership for key assets
• Establish a family trust for significant property
• Ensure superannuation and insurance policies have nominated beneficiaries
• Keep estate values at any single institution below threshold limits

Need Advice on Probate Requirements?

At Simply Probate, we can help you determine whether probate is required for your specific situation. Our experts can guide you through alternative options and ensure you’re taking the most efficient approach to administering your loved one’s estate.

Contact us today for personalised advice on navigating the probate requirements in New Zealand.

Frequently Asked Questions

Do I need a lawyer for probate in New Zealand?

You are not legally required to use a lawyer. An executor can prepare and file a probate application themselves. However, the application requires specific court forms and supporting documents under the High Court Rules 2016, and errors can cause delays or rejection. Most executors use a professional preparation service for certainty. Simply Probate offers a fixed-fee alternative to traditional law firms — we prepare the application online and you file it at the High Court.

What happens if probate is not required?

If the estate is below $40,000 in value, institutions may release funds without a grant of probate, using their own statutory declaration processes. This threshold was increased from $15,000 in 2025. Even below this threshold, some banks and organisations may still request a grant before releasing assets. If you are unsure whether probate is needed, contact Simply Probate for a free initial assessment.

This information is current as of 2026. Laws and institutional policies regarding probate requirements may change, so always seek current professional advice for your specific situation.