Wills, probate and letters of administration in New Zealand — explained simply
When someone you love dies, the last thing you want to think about is legal paperwork. But at some point in the weeks that follow, you will likely need to work out what your loved one left behind, who has the authority to deal with it, and what the law requires you to do. This article explains wills, probate, and letters of administration in plain language — what they mean, when they apply, and what you actually need to do — so you can face the admin with a little more clarity and a little less dread.
What a will actually does
A will is a set of written instructions your loved one left behind for what should happen to their belongings, their money, and sometimes their children, after they died.
The will names an executor — the person responsible for carrying out those instructions and dealing with the estate. It may also name guardians for children, make gifts to specific people, and express wishes about funeral arrangements.
If your loved one made a will and you have been named as executor, you are not expected to know exactly what to do from day one. Many executors feel overwhelmed, and that is entirely normal. You do not have to act alone.
What probate is and when you need it
Probate is a court order issued by the High Court that confirms a will is valid and that the executor named in it has the legal authority to act. Banks, Land Information New Zealand, and other institutions generally require this before they will release or transfer assets.
Not every estate needs probate. It is generally only required where an estate is worth more than $40,000 or includes land or property held solely in your loved one's name.
Jointly owned assets — such as joint bank accounts or property owned as joint tenants — often pass directly to the surviving owner without requiring probate at all.
It is worth knowing that the threshold changed in September 2025. From 24 September 2025, banks and most financial institutions can release up to $40,000 without requiring High Court paperwork — and this applies regardless of when your loved one died. However, if your loved one owned real estate, probate must still be obtained regardless of the threshold.
To apply, the executor gathers the original will, death certificate, and supporting documents, then files an application with the High Court — signing an affidavit to confirm their appointment. Once a registrar has checked the will's validity and the executor's authority, a sealed document is issued confirming the executor can proceed.
The court fee for probate is fixed by regulation and is currently $269. It usually takes a few weeks to receive a grant — and during busy periods, it may take longer. You can apply yourself, engage a lawyer, or use a specialist probate preparation service. You are not legally required to use a lawyer — an executor can prepare and file the application themselves — but the forms require specific court documents under the High Court Rules 2016, and errors can cause delays.
When there is no will — letters of administration
It is harder when there is no will, and many families find themselves in this position. Dying without a valid will is called dying intestate, and it adds both legal complexity and emotional weight to an already painful time.
When someone dies intestate, their estate is distributed according to a strict legal formula set out in the Administration Act 1969 — not according to what family members believe their loved one would have wanted. The Act does not take into account personal wishes, the intended passage of family heirlooms, or the differing relationships the person had with those they loved.
The general rules under the Act are: if there is a surviving spouse or partner but no children, the spouse inherits everything. If there is a spouse and children, the spouse receives personal belongings, a statutory legacy of $155,000 (plus interest accruing from the date of death until it is paid), and one-third of the remainder — with the children sharing the other two-thirds equally. Importantly, a de facto partner of three years or more generally has the same entitlement under these rules as a married spouse or civil union partner. Stepchildren do not inherit unless they were formally adopted.
To manage an intestate estate, someone needs formal authority from the High Court — this is called letters of administration. Letters of administration is a legal document issued by the High Court that gives a person the authority to deal with the assets and liabilities of an estate where no valid will exists. Usually the surviving spouse or closest next of kin applies, and once granted, this gives them legal authority to manage the estate. The court fee is the same $269 as probate, and legal guidance is strongly recommended given the added complexity.
Getting help
You do not have to navigate any of this alone. If you are an executor or a family member with questions about the process, a lawyer or Public Trust can help — though both charge fees for their services. Public Trust offers an Executor Assist service. Community Law centres around New Zealand can also provide free legal guidance if cost is a barrier.
If you are unsure where your loved one's will is, the New Zealand Law Society and some lawyers offer will-search services. Start by looking through personal papers, contacting their lawyer, or checking with their bank.
There is a lot to carry right now, and none of it is easy. But you do not need to understand every part of this process all at once — just take it one step at a time, and ask for help when you need it.
Our after someone passes guide walks through what to do after a death, in order, at whatever pace suits you.
Circumstances vary. Verify specific details directly with the relevant organisation before acting.
Written and reviewed with care by BesideYou.
Sources
- New Zealand Government: Wills, probate and estates
- Ministry of Justice: Apply for probate and get a copy of a will
- New Zealand Legislation: Administration (Prescribed Amounts) Amendment Regulations 2025
- Citizens Advice Bureau: How do I apply for letters of administration?
- Public Trust: Understanding probate