A Step by Step Guide to Obtaining Probate of a Will in New Zealand
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Introduction
Probate is the legal process of proving and registering a deceased person’s will with the court. In New Zealand, obtaining probate is essential for administering the deceased’s estate. This guide to obtaining probate breaks down the process into simple steps to help you navigate through the probate application process smoothly.
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Understanding Probate
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.
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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.
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Confirming Jurisdiction
Ensure that the deceased was domiciled in New Zealand at the time of death. All probate applications are made to the Probate Registry in Wellington, which is a branch of the High Court of New Zealand. If the deceased owned property overseas, additional legal considerations may apply.
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Gathering Required Documents
Before initiating the probate application, 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). -
Completing Probate Forms
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). Common forms include:
– Application for Probate
– Affidavit of Executor(s)
– Probate (& Copy Probate) -
Submitting the Application
Once the forms are filled out (and the affidavit is sworn), submit the probate application to the High Court registry along with the required documents. 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.
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Probate Fee
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.
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Grant of Probate
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.
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Administering the Estate
With the Grant of Probate in hand, the executor(s) can proceed with administering the estate. This includes collecting assets, paying 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 the assets.
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Conclusion
Obtaining probate of a will 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).
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Contact probate application specialist