Cost at a glance
- High Court filing fee: $200 (fixed)
- Simple uncontested estate: $2,000 to $4,000 plus GST in lawyer fees
- Medium estate (property + multiple accounts): $4,000 to $7,000 plus GST
- Complex or contested estate: $7,000 to $10,000+ plus GST
- Death certificate (certified copy): $33 from Births, Deaths and Marriages
All probate costs are paid from the estate before distribution to beneficiaries — not from the executor's personal funds.
High Court filing fee
The standard filing fee for an application for probate, Letters of Administration, or a similar grant is $200. It is set in Schedule 2 of the High Court Fees Regulations 2013 and is paid to the High Court when the application is filed.
The fee is the same whether the executor files themselves or instructs a lawyer to file on their behalf. There is no separate sealing fee for issuing the grant.
Lawyer fees by estate complexity
Most estates in New Zealand use a lawyer to prepare and file the application because the High Court Rules 2016 set technical requirements for the application form, executor's affidavit and supporting evidence. The ranges below are typical market rates for the application and grant stage only.
Simple estate
- Typical fee: $2,000 to $4,000 plus GST
- Profile: original will located, one executor, a few bank accounts, KiwiSaver, no contested issues, may include the family home held jointly with a surviving partner
- Fee model: often charged as a fixed fee or capped fee
Medium estate
- Typical fee: $4,000 to $7,000 plus GST
- Profile: sole-name real estate, multiple investment accounts, shares to transfer, KiwiSaver above $15,000 without a nomination, beneficiaries in different locations
- Fee model: mix of fixed and hourly; expect a written quote covering application, sale or transfer of property, and final distribution
Complex or contested estate
- Typical fee: $7,000 to $10,000+ plus GST
- Profile: contested will validity, Family Protection Act 1955 claim, Testamentary Promises Act 1949 claim, missing original will, business interests, foreign assets requiring resealing, multiple trusts in the structure
- Fee model: hourly rate (typically $300 to $550+ per hour for senior estate lawyers) with periodic written invoices
Hourly versus fixed fees
For straightforward applications most NZ law firms quote a fixed fee, which gives executors certainty about cost. Once an estate involves disputed claims, contested validity or complex assets, the workload becomes unpredictable and firms typically move to hourly billing. Always request a written fee estimate up front and ask for written updates if costs are likely to exceed the estimate.
What makes probate cheaper
- Original will located: avoids the additional affidavit evidence required when only a copy exists
- Single executor: no coordination overhead between co-executors
- Joint property: the family home held as joint tenants passes by survivorship and does not need probate
- KiwiSaver beneficiary nomination in place: KiwiSaver pays direct to the nominee and does not enter the estate
- Tidy financial records: a clear list of accounts, share holdings and debts speeds up the executor's affidavit
- No Family Protection Act risk: spouse, partner and children adequately provided for in the will
What makes probate more expensive
- Lost or photocopy-only will: requires additional affidavit evidence and may need a court hearing
- Multiple co-executors who disagree: adds correspondence and may require court directions
- Real estate in sole name: the LINZ transmission and either transfer or sale adds work
- Business interests: shareholder agreements, buy-sell terms and valuations all add legal and accounting time
- Foreign assets: may require a separate grant or resealing in another jurisdiction
- Family Protection Act 1955 claim: can add tens of thousands in defence costs and many months of delay
Estate administration costs after the grant
The fees above cover preparing the application and obtaining the grant of probate. They do not include the work after the grant — calling in assets, paying debts and tax, transferring or selling real estate, preparing final estate accounts, and distributing to beneficiaries. Typical post-grant administration adds:
- Simple estate: $1,500 to $4,000 plus GST
- Estate with real estate sale: $4,000 to $8,000 plus GST plus property sale conveyancing
- Complex estate: $8,000+ plus GST, often billed hourly
Public Trust and trustee-company alternatives
Public Trust, Perpetual Guardian and a small number of other trustee companies offer estate administration services. Their fees usually take the form of a percentage of estate value plus disbursements, sometimes with a minimum charge. Percentages vary by provider and estate complexity. Always request a written fee schedule before instructing a trustee company so you can compare against fixed-fee lawyer quotes for the same estate.
A direct cost comparison between Public Trust, trustee companies and law firms for representative NZ estates is being added in a future update — see the probate guide for the latest at /probate/.
Recovering probate costs from the estate
Executors are entitled under the Administration Act 1969 to be reimbursed from estate assets for proper expenses of administration. This includes the $200 court fee, reasonable legal fees, accounting fees, valuation fees and disbursements such as certified death certificates and LINZ search fees.
Executors should keep clean receipts and a separate estate bank account for all transactions. Final estate accounts are usually circulated to residuary beneficiaries before final distribution.
For an end-to-end view of how probate fits together, return to the probate guide.