How to Apply for Probate in NZ

The six documents you need, where to file with the High Court, the $200 filing fee, and the executor's affidavit explained.

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Reviewed by EstatePlanning.co.nz Editorial Team · Last updated 28 May 2026

Quick answer

To apply for probate in New Zealand, the executor lodges a probate application with the High Court at the registry covering the deceased's domicile, accompanied by the original will, a certified death certificate, an executor's affidavit, and a statement of assets and liabilities. The High Court filing fee is $200. Most clean applications are granted within 4 to 8 weeks.

The six steps to apply for probate

Step 1 — Locate the original will

The High Court will only grant probate of the original signed will. Photocopies are not accepted as the primary document. Check:

The deceased's lawyer (most wills are held in firm safe custody)
Home safes and security deposit boxes
The deceased's bank
The High Court will registry (some testators deposit a will with the court)

If only a copy can be found after a thorough search, the application becomes more complex — see the FAQ below.

Step 2 — Order a certified copy of the death certificate

Order through Births, Deaths and Marriages (BDM) at the Department of Internal Affairs. The standard certificate is sufficient; certified copies are required for the probate file and for asset-holders (banks, KiwiSaver providers, share registries). Plain photocopies are not accepted.

Step 3 — Prepare the statement of assets and liabilities

List all assets owned solely or jointly by the deceased at the date of death, with estimated values, and all known debts. The statement must reflect the position as at the date of death, not the current date. Typical items:

Bank and term-deposit balances
KiwiSaver and other superannuation balances
Listed shares, managed-fund units, ETF holdings
Real property (current market value or recent valuation)
Vehicles, household contents, business interests
Life insurance payable to the estate (not to a nominated beneficiary)
Debts: mortgages, credit cards, personal loans, funeral expenses, IRD

Step 4 — Prepare the executor's affidavit

The executor swears or affirms an affidavit in the form prescribed by the High Court Rules 2016. It identifies the executor, confirms the will is the last valid will of the deceased, states that the deceased died domiciled in New Zealand (or makes the relevant declaration for foreign-domiciled estates), and confirms the executor will administer the estate. The affidavit must be sworn before a lawyer, a Justice of the Peace, a Notary Public, or a Deputy Registrar of the High Court.

Step 5 — File the application with the High Court

File the application, the original will, the certified death certificate, the executor's affidavit, and the statement of assets and liabilities at the relevant High Court registry. Pay the $200 filing fee. Filing is in person, by post, or via a lawyer using the court's electronic filing system. Applications enter the registrar's queue at filing.

Step 6 — Respond to any requisitions, then receive the grant

The registrar reviews the application. If the documents comply with the High Court Rules and there is no issue with the will, the grant of probate is sealed and posted (or made available electronically). If anything is missing or non-compliant, the registrar issues a requisition memo and the executor must respond before the grant is issued.

The six documents you need

Documents required to apply for probate in New Zealand
Document	Where it comes from
Application for grant of probate	Prepared in the form prescribed by the High Court Rules 2016 (a lawyer or the court can supply the template).
Original will (and any codicils)	Held by the deceased's lawyer, at home, with the bank, or registered with the High Court.
Certified copy of the death certificate	Births, Deaths and Marriages (DIA). Plain photocopies are not accepted.
Executor's affidavit	Sworn before a lawyer, JP, Notary or court Deputy Registrar.
Statement of assets and liabilities	Prepared by the executor, listing values as at date of death.
Filing fee receipt	$200 paid to the High Court at filing.

Common reasons applications get held up

Affidavit not in the prescribed form — wording must follow the High Court Rules 2016. Generic JP-stamped statutory declarations are not accepted in place of the prescribed affidavit.
Will not signed or witnessed correctly — wills made under the Wills Act 2007 must meet the formal signing requirements. If the will does not, the court can validate it under section 14, but that adds an extra application.
Multiple executors, some not joining — non-joining executors must either renounce or reserve their right to apply later. Missing this step triggers a requisition.
Foreign-domiciled deceased — if the deceased was domiciled overseas, the application is for resealing a foreign grant rather than for an original grant of probate.
Asset values left blank — the registrar expects best-estimate values, not "TBC". Use recent statements, RVs or market valuations as supporting evidence.

When you should use a lawyer

The $200 court fee is the same whether you file yourself or through a lawyer. The case for a lawyer becomes stronger when:

The estate includes real property, business interests, or foreign assets
There are minor or vulnerable beneficiaries
The original will is missing or there is doubt about its validity
There is any prospect of a Family Protection Act 1955 claim
Co-executors disagree
The estate is large enough that a single requisition delay (2–4 weeks) costs more than the lawyer's fee

For costs, see how much probate costs in NZ. For timing, see how long probate takes. To check whether you need probate at all, see when probate is required.

Probate application FAQ

Who can apply for probate in NZ?

Probate is applied for by the executor named in the will. If more than one executor is named, they can apply jointly, or one can apply with the consent (or reserved right to apply) of the other. If no executor is named, willing, or able to act, the application is for letters of administration with will annexed rather than probate.

Where do I file the probate application?

Applications are filed with the High Court of New Zealand, at the registry covering the area where the deceased was domiciled or where the estate's main assets are located. Auckland, Wellington and Christchurch are the busiest registries; smaller regional registries (Hamilton, Tauranga, Napier, Palmerston North, Nelson, Dunedin, Invercargill) also accept probate applications.

How much does it cost to file for probate?

The High Court filing fee for a grant of probate is $200. If you engage a lawyer, professional fees are additional and vary by complexity. See the probate cost page for typical fee ranges.

Can I apply for probate myself, without a lawyer?

Yes. The High Court accepts self-represented (lay) applications. The risk is that the documents must comply with the High Court Rules 2016 — non-compliant applications trigger a registrar's requisition memo, which adds 2 to 4 weeks per round. For anything beyond a very simple estate (one bank account, one beneficiary, no real property), most executors find using a lawyer reduces total time and stress.

What if the original will cannot be found?

If only a photocopy survives, the application is treated differently. The executor must apply for an order admitting a copy to probate, supported by an affidavit explaining the search for the original and why it cannot be located. This is more complex than a standard application and almost always requires a lawyer.

How long does the High Court take to grant probate after I apply?

Clean, uncontested applications are typically granted within 4 to 8 weeks of filing. Applications that attract a registrar's requisition take longer. See the full probate timeline.