What is probate?

Probate is a grant issued by the High Court of New Zealand confirming that a deceased person's will is valid and that the executor named in the will has authority to administer the estate. The grant is the document banks, share registrars, Land Information New Zealand (LINZ) and KiwiSaver providers require before they will release assets held in the deceased's sole name.

Probate is governed by the Administration Act 1969, the Wills Act 2007, and the High Court Rules 2016. The executor's job is to identify estate assets, pay debts and tax, then distribute the remainder to the beneficiaries named in the will.

If the deceased left no valid will, a similar grant called Letters of Administration is issued instead, and the estate is distributed under the intestacy rules in the Administration Act.

When probate is required

Under the Administration Act 1969, probate is generally required when a deceased person held a single asset worth more than $15,000 in their sole name, or owned real estate solely. The threshold is per asset, not per estate, so an estate with several smaller accounts may not need probate even if the total value is significant.

Common situations where probate is required:

  • The deceased owned a house, apartment or land in their sole name
  • A single bank, term deposit or investment account holds more than $15,000
  • Share registries (Computershare, Link Market Services) require a grant before transferring shares
  • A KiwiSaver balance above $15,000 has no valid beneficiary nomination

Situations where probate is usually not required:

  • All major assets were held jointly with a surviving spouse or partner with right of survivorship
  • The estate consists only of personal effects and small accounts under the $15,000 threshold
  • KiwiSaver and life insurance proceeds pass directly to a validly nominated beneficiary
  • Assets were transferred to a family trust during the deceased's lifetime

For a deeper walk-through of the threshold, exemptions and what to do if you are not sure, see When is probate required in NZ?

The probate process step by step

An uncontested application for probate of a valid will follows six broad steps.

1

Locate the original will

The High Court needs the original signed will, not a copy. Common storage points are the deceased's lawyer, a fireproof safe at home, or the High Court will registry. If only a copy can be found, additional affidavit evidence is required.

2

Identify and value estate assets

List all assets held in the deceased's sole name (real estate, bank accounts, shares, KiwiSaver without a valid nomination, vehicles, personal effects) together with all liabilities. This determines whether probate is required and supports the executor's affidavit.

3

Prepare the application documents

The application bundle includes the application for probate, the executor's affidavit confirming identity and the validity of the will, and a certified copy of the death certificate. Forms must follow the format prescribed by the High Court Rules 2016.

4

File with the High Court

File the application and pay the $200 filing fee at the nearest High Court registry. Filing is possible in person or by post. The application is then placed in the registrar's queue.

5

Respond to any registrar requisitions

If the registrar identifies errors, missing information or formal defects, a requisition memo is issued. The executor (or their lawyer) responds with corrections or additional evidence. Clean applications skip this step.

6

Receive the grant and administer the estate

Once the registrar is satisfied, the grant of probate is sealed and issued. The executor uses the grant to call in assets, pay debts and tax, then distribute the remaining estate to beneficiaries in line with the will.

How long probate takes

Most applications fall into one of two bands.

Typical probate timelines in New Zealand
Estate type Typical time from filing to grant
Simple uncontested estate, clean affidavit, no requisitions 4 to 8 weeks
Registrar requisitions or missing documents 2 to 4 months
Contested validity, Family Protection Act claim, or missing will 6 to 18 months or more

These are court grant times only. Full administration of the estate (calling in assets, paying debts and tax, transferring property and distributing to beneficiaries) usually takes an additional three to twelve months on top of the grant. See the full timeline at How long does probate take in NZ?

How much probate costs

Probate has two components: the High Court filing fee and lawyer fees if you use one.

  • High Court filing fee: $200, set in Schedule 2 of the High Court Fees Regulations 2013
  • Lawyer fees for a simple application: typically $2,000 to $4,000 plus GST
  • Lawyer fees for a medium estate: typically $4,000 to $7,000 plus GST
  • Lawyer fees for a complex or contested estate: $7,000 to $10,000 plus GST, sometimes more

Lawyer fees and the filing fee are paid out of the estate, not the executor's personal funds. For a full cost breakdown including what drives the price up and down, see How much does probate cost in NZ?

Searching probate records

Probate grants issued by the High Court of New Zealand are public records. They can be searched for several reasons: confirming whether a relative left a will, tracing historical family records, locating an executor, or as part of genealogy research.

Two main routes exist:

  • The Ministry of Justice operates a probate search service for recent grants and applications
  • Archives New Zealand holds older probate files, indexed by registry and date

Step-by-step instructions, including what records you will find and what is withheld for privacy, are at How to search NZ probate records.

Avoiding probate

Probate applies only to assets held in the deceased's sole name above the $15,000 Administration Act threshold. Several legal structures keep assets outside the estate and therefore outside the probate process.

  • Joint ownership with right of survivorship: the surviving owner takes the asset automatically on the death of the other, without going through the estate
  • Family trusts: assets transferred to a family trust during the settlor's lifetime are owned by the trustees, not the deceased — see our family trusts guide for the structure, costs and compliance under the Trusts Act 2019
  • KiwiSaver beneficiary nominations: a validly nominated beneficiary receives the KiwiSaver balance directly from the provider
  • Life insurance: policies with named beneficiaries pay out directly
  • Gifts during lifetime: assets given away before death are no longer part of the estate

Each option has trade-offs around control, tax and relationship property. A planning conversation before the assets are transferred is the right time to weigh them up.

What happens if there is no will?

If the deceased did not leave a valid will, the estate is distributed under the intestacy rules in sections 77 to 80 of the Administration Act 1969. A close family member must apply to the High Court for Letters of Administration rather than probate.

The intestacy order, in summary:

  • Spouse or de facto partner and children: partner receives personal chattels plus a prescribed sum (currently $155,000) plus a one-third share of the remainder; children share the other two thirds equally
  • Spouse or partner, no children: partner receives the entire estate, subject to parents' entitlements in some cases
  • Children, no spouse or partner: children share the estate equally
  • No spouse, partner or children: the estate passes up and across the family tree to parents, then siblings, then more distant relatives
  • No surviving family: the estate passes to the Crown (bona vacantia)

The intestacy process is usually slower and more expensive than probate of a valid will. Writing a will is the simplest way to keep control of who inherits and who administers your estate — see our guide on how to write a will in New Zealand.

Key legislation and sources