What is probate in NZ?

Probate is the formal legal process by which the High Court of New Zealand confirms the validity of a deceased person’s will and authorises the named executor to administer the estate. The grant is a sealed court document — the executor uses it to prove their authority when dealing with banks, insurers, share registries, and Land Information New Zealand.

What the grant actually says

A grant of probate is a one-page sealed order from the High Court. It records:

• The deceased’s full name and date of death
• That the will dated [x] has been proved
• That the named executor has been granted probate
• The date of grant and the registry seal

Once issued, the grant attaches to a certified copy of the will. The executor produces this packet whenever a third party asks for proof of authority.

When probate is needed

Probate is needed whenever an asset holder will not release the asset without a sealed grant. In practice this means:

• Real property in the deceased’s sole name — Land Information New Zealand requires probate for a transmission to executors before sale or transfer
• Bank balances above the institution’s release threshold — typically $15,000 under section 65 of the Administration Act 1969
• Share parcels above the registry’s threshold — Computershare and Link Market Services publish their own thresholds
• KiwiSaver without a binding nomination — the provider treats the balance as part of the estate

When probate is not needed

If the only assets are jointly owned (passing by survivorship), KiwiSaver with a binding nomination, life insurance with a named beneficiary, or small bank balances, probate is generally not required. See our companion guide on when probate is not required.

The application process

Probate is applied for in the High Court registry nearest to where the deceased lived. The executor’s lawyer prepares:

• The application form
• An affidavit from the executor attesting to the death, the will, and the willingness to act
• The original will
• A certified copy of the death certificate

The registrar reviews the file and, if satisfied, issues the grant — typically four to eight weeks later. The filing fee is $200, set by the High Court Fees Regulations 2013.

What happens if there is no will

If the deceased left no valid will, the equivalent process is called letters of administration, governed by sections 77 to 80 of the Administration Act 1969. The court appoints an administrator (usually a close family member) and distribution follows the statutory order rather than the deceased’s wishes.

For the full mechanics of the grant process — what the executor does week by week — see our comprehensive probate guide.

Want help?

If you have been named as an executor and are not sure where to start, book a free consultation and we will walk through the application together.