Probate In New Zealand: Your 2025 Guide

Probate In New Zealand: Your 2025 Guide

Probate In New Zealand: Your 2025 Guide

No valid will? Read our article on intestacy here which requires a different application.

  1. Introduction – what is probate?

    Probate in New Zealand is the legal process of proving and registering a deceased person’s will with the court. It is necessary to obtain probate in New Zealand if the deceased’s estate is worth more than $15,000.

    This guide to obtaining probate in New Zealand breaks down the process into simple steps to help you navigate through the application process.

  2. Understanding Probate in new zealand

    Before diving into the application process, it’s crucial to understand what probate entails. Probate verifies the validity of a deceased’s will and grants authority to the executor(s) named in the will to administer the estate according to the deceased’s wishes. The grant of probate is essentially a court order which can be shown to banks and financial institutions to to demonstrate the executor(s) have the necessary authority.

  3. Identifying the Executor(s)

    The first step in obtaining probate is identifying the executor(s) named in the deceased’s will. Executors are responsible for managing the estate, including gathering assets, paying debts, and distributing inheritances as per the will’s instructions. If there are no executors willing and able to act (perhaps they died before the deceased) then a different type of application is required.

  4. Confirming Jurisdiction for probate in new zealand

    All applications for probate in New Zealand are made to the Probate Registry in Wellington, which is a branch of the High Court. If the deceased owned property overseas, additional legal considerations may apply. A probate in New Zealand can sometimes be resealed to obtain probate in a different country e.g. Australia.

  5. Gathering Required Documents for probate in new zealand

    Before initiating the application for probate in New Zealand, the executor(s) should gather essential documents, including:

       – Original of the deceased’s will.
       – Death certificate.
       – Inventory of the deceased’s assets and liabilities.
       – Identification documents for the executor(s).

  6. Completing Probate Forms

    You can obtain the necessary probate forms from the High Court website. Complete the forms accurately, providing all required information (NB the forms need to be presented in a specific form that is compliant with the High Court Rules). Typically, the following are required:

       – Application for Probate
       – Affidavit of Executor(s)
       – Probate (& Copy Probate)

  7. Submitting the Application

    Once the forms are filled out (and the affidavit is sworn by all executors), submit the probate application to the High Court registry along with the required documents, including the original will. Ensure all forms are signed and witnessed as per legal requirements.

    You do not have to use a lawyer to complete this step but the forms do require the information to be presented in a specific way and applications frequently get rejected if those requirements are not complied with.

  8. HOW MUCH DOES Probate in new zealand COST?

    The Court fee for probate applications is $260 (from 1 July 2024). This fee must be paid at the time of submitting the application. This can be done online using the File and Pay website. The court may reject incomplete applications or those with unpaid fees.

  9. Grant of Probate in new zealand

    Upon successful completion of the probate process, the High Court issues a Grant of Probate. This legal document confirms the validity of the will and authorises the executor(s) to administer the estate.

  10. Administering the Estate

    With the Grant of Probate in hand, the executor(s) can proceed with administering the estate. This includes collecting all assets, paying any debts and taxes, and distributing inheritances according to the terms of the will.

    The executor(s) should be aware that they can become personally liable to any creditors of the Estate if the assets are distributed within 6 months from the date probate is granted – it is therefore generally advisable to wait until this period has passed before distributing those assets.

  11. Conclusion

    Obtaining probate in New Zealand involves navigating through a structured legal process. By following these step-by-step guidelines and seeking professional advice when needed, you can efficiently manage the probate application process and ensure the deceased’s estate is administered according to their wishes (and the law).

    You can find our executor checklist here.

  12. BOOk your free call with an expert that has experience obtaining probate in new zealand.

    probate In new zealand

    See our transparent fixed fees for simple probate applications here.

Probate lawyer

ABOUT THE AUTHOR

Rion has been a lawyer since 2006, practising in the UK, Australia and New Zealand. After working at large firms for his whole career, he joined the independent bar in 2022, and runs a disputes practice based in Christchurch.
+64 27 603 6144
[email protected]