When is probate not required in NZ?

Probate is the High Court grant that proves an executor’s authority to deal with the deceased’s assets. It is not always needed. Whether the executor must apply depends on what the estate actually holds and how those assets are owned.

Asset thresholds that avoid probate

Several institutions release funds to the executor on a statutory declaration and a copy of the death certificate, without requiring a sealed grant of probate:

• Banks — under section 65 of the Administration Act 1969, New Zealand banks may release balances up to $15,000 per institution on a statutory declaration. Most retail banks publish their own internal limit, often aligned with the $15,000 figure.
• NZ Post / Kiwibank savings products — similar threshold under the same provision.
• Inland Revenue refunds — modest tax refunds are paid to the executor’s nominated account on production of the death certificate.

If every asset in the estate falls below an institution’s threshold, no probate application is needed.

Assets that pass outside the estate

Some assets do not form part of the estate at all and therefore never need probate to transfer:

• Jointly owned property — a home, bank account or investment held as joint tenants passes automatically to the surviving owner by right of survivorship. Only a notice of death and a copy of the death certificate are required.
• KiwiSaver with a binding nomination — the provider pays the nominated beneficiary directly. Without a binding nomination, KiwiSaver forms part of the estate and probate may be needed for balances over $15,000.
• Life insurance with a named beneficiary — paid directly by the insurer to the beneficiary.
• Family trust assets — owned by the trustees, not the deceased personally, so they do not form part of the estate.
• Superannuation lump sums — paid under the scheme rules to the nominated person.

Small estates with no real property

If the deceased held no real property in their sole name and every other asset is under threshold or passes outside the estate, the executor can usually administer the entire estate without a court grant. The bank and other institutions handle it on a statutory declaration.

When probate is unavoidable

Once the estate holds real property in the deceased’s sole name at the date of death, probate is effectively unavoidable — Land Information New Zealand will not register a transmission without a sealed grant. Likewise, any single asset above the institution’s release threshold will usually require probate.

For the full list of estate categories that do and do not need a grant, see our when probate is required guide.

Want help?

Working out whether the estate you are dealing with crosses the threshold can be a five-minute conversation. Book a free consultation and we will tell you whether you need to apply.