Frequently Asked Questions

Probate is the legal process that confirms the validity of a will and gives the executor(s) authority to administer the estate. In New Zealand, the High Court issues a Grant of Probate, which is a legal document that allows the executor(s) to access and distribute the deceased's assets according to their will.

Letters of Administration are a legal document issued by the High Court when someone dies without a valid will (intestate). They appoint an administrator (usually the closest next of kin) to manage and distribute the deceased's estate according to the rules of intestacy set out in the Administration Act 1969/High Court Rules 2016.

Not always. Whether you need probate or letters of administration depends on the assets in the estate. Generally, you'll need these legal documents if the deceased owned:

• Real estate (property) in their sole name
• Bank accounts or investments over a certain value (usually $15,000, though this varies by institution)
• Certain types of shares or investments

Many institutions won't release funds or transfer assets without seeing the Grant of Probate or Letters of Administration.

With Simply Probate we aim to prepare the paperwork within a couple of days. The entire process typically takes 4-6 weeks from your initial application to receiving the grant from the Probate Regsitry. The court usually processes straightforward applications within 3-4 weeks of filing. Complex estates or periods of high court volume may take longer.

For a standard probate application, you'll need to provide:

• The original will (or a certified copy if the original is lost)
• Death certificate
• Details of the deceased's assets and their approximate values
• Identification documents for all executors

For intestacy applications, the requirements are similar but you'll also need documents proving your relationship to the deceased, such as birth or marriage certificates.

Once you receive the Grant of Probate or Letters of Administration, you can:

• Access the deceased's bank accounts and investments
• Sell or transfer property and other assets
• Pay any debts or taxes owed by the estate
• Distribute the remaining assets to beneficiaries

Most institutions will require a certified copy of the grant before releasing funds or transferring assets.