Apply for Probate Without a Lawyer NZ: A Step-by-Step Walkthrough

Solicitors charge $2,000 to $5,000 for a standard probate application in New Zealand. The court charges $275. If the estate is straightforward — a will, a named executor, no disputes — you can file the application yourself and save the difference.

The process isn't complicated, but the Wellington High Court Probate Registry is exacting about formatting. One miswording in the jurat, one missing exhibit label, and your application comes back with a "requisition" — a formal correction notice that can delay the grant by weeks. Here's how to get it right the first time.

When You Can (and Can't) Do This Yourself

DIY probate works best when:

• There's a valid will naming you as executor
• The estate includes assets above the $40,000 per-institution threshold, company shares, debentures, or government or local-authority bonds above $15,000, or real property held solely or as tenants in common (otherwise you may not need probate at all)
• No one is contesting the will
• The will is straightforward — no complex trust structures, no business interests requiring ongoing management

If family members are disputing the will, if there are claims under the Family Protection Act 1955, or if the estate involves Māori freehold land succession, professional help is strongly recommended.

The Forms You Need

For a testate estate (there's a will), you need three documents:

1. Form PR1 — the application itself, addressed to the Wellington High Court Probate Registry
2. Form PR2 — the affidavit of the executor, sworn before an authorised officer
3. Probate in Common Form — the actual grant document that the court seals and returns to you

For an intestate estate (no will), the forms are different:

1. Form PR1AA — application for letters of administration on intestacy
2. Form PR7 — affidavit supporting the application

These aren't downloadable PDFs you fill in. They're legal documents you draft following the templates in Part 27 of the High Court Rules 2016. The wording must follow prescribed formats precisely.

The Step-by-Step Process

1. Gather Your Documents

Before drafting anything, collect:

• The original physical will (not a photocopy — the court requires the original, and it must not be stapled or structurally altered)
• A certified death certificate from Births, Deaths and Marriages ($35 per copy)
• A complete list of the deceased's assets with approximate values
• Your own identification

2. Draft the Application and Affidavit

The Form PR1 identifies you as the applicant, names the deceased, provides the date and place of death, and lists the assets requiring the grant. The Form PR2 is your sworn statement confirming the will is genuine, that you're the named executor, and that the information is accurate.

The critical details that trip up self-filers:

• The jurat (the sworn-statement wording at the end of the affidavit) must follow the exact statutory format
• The will must be referred to as an "exhibit" and marked accordingly — but never physically attached to or stapled into the affidavit
• Asset values should be approximate, not exact — the registry doesn't need a formal valuation at this stage

3. Swear the Affidavit

The affidavit must be sworn or affirmed before an authorised officer — a solicitor, High Court Registrar, or Justice of the Peace. The original physical will must be present during the swearing, as the officer needs to mark it as the exhibit referenced in the affidavit.

A JP can do this for free. A solicitor will charge $20 to $50 for witnessing only (far less than preparing the whole application).

4. File With the Wellington Registry

All probate applications in New Zealand are processed centrally through one registry:

Wellington High Court Probate Registry Postal filing only — send the complete physical package via courier or registered mail.

Your package must include:

• The completed Form PR1 and sworn Form PR2
• The original will (marked as an exhibit)
• A certified copy of the death certificate
• The $275 filing fee, paid separately through the File and Pay online portal

5. Wait for the Grant (or Handle the Requisition)

Processing typically takes one to two weeks during quiet periods and six to eight weeks during busy periods. If the registry finds errors, they'll issue a requisition — a letter detailing exactly what needs correcting.

Common requisition triggers:

• Incorrect jurat wording
• Missing or incorrectly marked exhibits
• Discrepancies between the will and the application (wrong names, dates)
• Failure to explain alterations or markings on the original will

Each requisition adds another round trip of corrections and resubmission.

What Happens After the Grant

Once you receive the sealed grant of probate, you can:

• Present it to banks to unfreeze the deceased's accounts
• Instruct a conveyancer to transfer property titles through LINZ
• Open an "Estate of" bank account to consolidate funds
• Begin the distribution process (but wait at least six months — distributing early exposes you to personal liability if a valid claim surfaces later)

Is It Worth Doing Yourself?

For a simple estate with a clear will, no disputes, and standard assets, filing yourself saves $2,000 to $4,000 in solicitor fees. The trade-off is your time and the risk of a requisition adding delay when banks and beneficiaries are waiting.

Our New Zealand End-of-Life Planning Guide includes the complete probate application walkthrough — the exact wording templates, the exhibit-marking protocol, and a pre-submission checklist modelled on the most common requisition triggers. It won't replace a solicitor for complex estates, but for a standard application, it can save you thousands.

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