Probate New Zealand: The Complete Guide for 2026

Most New Zealand families assume they have to go through the High Court when someone dies. Many don't. Since September 2025, a significant change to the Administration Act 1969 means a large number of estates can be settled entirely without a probate application — saving families thousands in legal fees and months of waiting.

Here's how the New Zealand probate process actually works, who needs it, and what's changed.

What Is Probate?

Probate is the formal authority granted by the New Zealand High Court that allows an executor to legally deal with a deceased person's assets — selling property, closing bank accounts, and distributing the estate to beneficiaries.

Without probate, banks, Land Information New Zealand (LINZ), and other institutions cannot release assets held in the deceased's sole name above the statutory threshold. The executor is essentially powerless over major assets until the High Court issues a sealed grant.

There are two types of grant:

• Grant of Probate — when there is a valid will and the named executor is applying
• Letters of Administration — when there is no will (intestacy), or when the named executor cannot or will not act

The $40,000 Threshold: When You Can Skip Probate Entirely

This is the most important update to New Zealand estate law in recent years. As of September 2025, the Administration Act 1969 was amended to raise the informal estate threshold from $15,000 to $40,000.

What this means in practice: if the deceased held $40,000 or less at any single financial institution — whether that's a bank account, KiwiSaver balance, or life insurance policy — that institution can release the funds directly to the next of kin or pay outstanding bills (like funeral invoices) without requiring a probate grant. The executor provides a statutory declaration and an indemnity form instead of a court order.

The threshold is per institution, not per estate. This nuance trips up many executors. An estate containing $38,000 at Westpac, $35,000 at ANZ, and $39,000 in KiwiSaver with Fisher Funds has a combined value over $110,000 — but because no single institution holds more than $40,000, every institution can potentially release funds informally under section 65 of the Act.

When you still need probate, regardless of the threshold:

• The estate includes any real estate (land or a house) held solely in the deceased's name or as tenants in common with someone else (not joint tenancy)
• Any single institution holds more than $40,000 in the deceased's sole name
• The estate is contested or complex
• Foreign assets are involved that require the NZ grant to be resealed abroad

If the estate includes a family home in the deceased's sole name, probate is mandatory — full stop. Property cannot be transmitted through LINZ without it.

The Probate Process: Step by Step

Step 1: Locate the original will

The High Court requires the original physical will document. A photocopy is not acceptable. If the original cannot be found, the process becomes substantially more complicated — the court presumes an intention to revoke the will if the original is missing, and complex affidavits are required to overcome that presumption. If you cannot find the original, engage a solicitor immediately.

Step 2: Confirm the executor

The executor named in the will must be willing and legally capable of acting. If the executor has died, lost mental capacity, or wishes to renounce the role, alternative arrangements must be made before filing. Note that an Enduring Power of Attorney cannot step into an executor's shoes — EPAs terminate on death.

Step 3: Assess the estate

Compile a full list of the deceased's assets and liabilities, with date-of-death balances from each institution. This determines whether probate is required and informs the court about the estate's scope.

Step 4: File the court application

Applications for probate in New Zealand are filed with the Wellington High Court Probate Unit — all probate matters in New Zealand are centralised there, regardless of where the deceased lived.

The documents required for a Grant of Probate are:

For Letters of Administration (no will), adapted versions of PR1 and PR2 are filed, confirming the absence of a will and proving the applicant's statutory priority to administer the estate over other potential claimants.

Important: The NZ High Court does not provide consumer-friendly fill-in-the-blank forms. The PR1 and PR2 must conform to precise formatting standards under Part 27 of the High Court Rules 2016. The rejection rate for applications prepared without legal assistance is high. Most practitioners strongly recommend using a solicitor or specialist probate service at this stage — while the filing fee itself is only $269, the average solicitor's fee for a standard probate application is $700 to $1,500, which is still far below the $6,355 setup fee that Public Trust charges.

Step 5: Wait for the sealed grant

The High Court Probate Unit processes applications in roughly 6 to 8 weeks, though this can vary significantly depending on court workload. Once processed, the court issues a sealed grant of administration — the executor's formal legal authority to act.

Step 6: Administer the estate

Armed with the sealed grant, the executor can:

• Direct banks to transfer the deceased's balances into a dedicated estate account
• Instruct a licensed conveyancer to lodge a Transmission Instrument (TSM) via LINZ Landonline to transfer property title
• Apply to KiwiSaver providers and life insurers for payouts
• File the final tax returns with Inland Revenue

Step 7: Observe the six-month distribution period

New Zealand law strongly cautions executors to wait at least six months from the date the sealed grant is issued before distributing the residual estate to beneficiaries. This window exists because family members (spouses, children, grandchildren) may file claims against the estate under the Family Protection Act 1955. An executor who distributes early can be held personally financially liable if a successful claim is later filed.

After six months, once all debts are paid and tax obligations settled, the executor can make final distributions and close the estate.

Intestacy: What Happens If There Is No Will

If the deceased left no valid will, the estate is distributed according to a statutory formula under Section 77 of the Administration Act 1969. This is not discretionary — the formula is fixed regardless of what the family believes the deceased would have wanted.

The key formula when there is a surviving spouse and children:

• Spouse receives all personal chattels
• Spouse receives a statutory legacy of $155,000 (plus interest from the date of death)
• Spouse receives one-third of the remaining residue
• Children share two-thirds of the remaining residue equally

This formula can force the sale of a family home if it was held solely in the deceased's name and the spouse cannot buy out the children's share. Families who want to distribute differently must execute a formal Deed of Family Arrangement, which requires a solicitor.

De facto partners must prove they lived together for at least three years to qualify for the spousal share — this sometimes requires evidence and can be contested.

Costs at a Glance

Getting Help

The complexity of the probate process varies enormously depending on the estate. A simple estate with no real property and bank balances under $40,000 per institution may require no court involvement at all. A contested estate with property, overseas assets, and family disputes can take years and involve substantial legal fees.

The New Zealand Estate Settlement Guide covers the full probate decision tree — including the $40,000 per-institution analysis, how to prepare the asset inventory, what happens under intestacy, and a phase-by-phase timeline from death registration through to final distribution.

See more New Zealand guides →