Probate NZ: When You Need It, How Long It Takes, and What It Costs

Probate is the High Court's formal confirmation that a will is valid and that the named executor has legal authority to manage the estate. In New Zealand, whether the estate needs a High Court grant (probate if there is a will; letters of administration if there is not) depends on what assets the deceased held and how much was in each financial institution.

The $40,000 Threshold (Updated September 2025)

Since 24 September 2025, the threshold for a High Court grant has been $40,000 per financial institution — up from the previous $15,000. This means:

• If no single financial institution holds more than $40,000 of the deceased's funds, and there are no company shares, debentures, or government or local-authority bonds exceeding $15,000, and there is no real property held in the deceased's sole name or as a tenant in common — a High Court grant is not required
• If any single financial institution holds more than $40,000, or if there is any real property held in the deceased's sole name or as a tenant in common, or if company shares, debentures, or government or local-authority bonds exceed $15,000 — a formal High Court grant is required

The threshold applies per institution, not to the total estate. Someone with $35,000 at ANZ and $30,000 in KiwiSaver with a different provider might not need a High Court grant, even though the total estate exceeds $40,000. But someone with $50,000 in KiwiSaver at a single provider will need one — and with the average KiwiSaver balance sitting at approximately $37,079, a modest bank account at the same institution can push you over.

Real property has no threshold. If the deceased owned any land or property in their sole name (or as a tenant in common), a formal High Court grant is required regardless of the property's value. Joint tenancy property is the exception — it transfers automatically to the surviving owner by survivorship.

How to Apply for Probate

All probate applications in New Zealand go through the centralised Wellington High Court Probate Registry. There is no local court option.

What you need to file:

The application package must be physically sent to the Wellington registry — it's not an online process. The executor's affidavit (Form PR2) must be sworn before a solicitor, High Court Registrar, or Justice of the Peace.

Without a will (intestacy): You apply for Letters of Administration instead, using Form PR1AA (Application) and Form PR7 (Affidavit). The same $275 fee and Wellington filing process applies.

How Long Does Probate Take?

Typical processing times:

• Straightforward, error-free applications: 1 to 2 weeks
• Standard processing during normal periods: 4 to 6 weeks
• Busy periods or complex estates: 6 to 8 weeks
• Applications with errors (requisitions): Add 2 to 6 weeks on top

The most common cause of delays is requisitions — formal notices from the registry that something in your application needs correcting. Common triggers include errors in the jurat wording on affidavits, inconsistencies between the will and application, or missing documents.

When Probate Isn't Required

You can settle an estate without a High Court grant if all three conditions are met:

1. No single financial institution holds more than $40,000
2. No company shares, debentures, or government or local-authority bonds exceed $15,000
3. No real property is held in the deceased's sole name or as a tenant in common

In these cases, the executor can approach each institution directly with the death certificate, the will (if one exists), and a signed indemnity form. The institution releases the funds without a court grant.

Even then, each institution has discretion. Some may still insist on a formal High Court grant for large amounts approaching the threshold, particularly KiwiSaver providers. Getting a clear answer from each institution early saves weeks of uncertainty.

The Cost of Probate

The court filing fee is $275. But the total cost of obtaining probate depends on whether you use a solicitor:

• DIY probate: $275 (filing fee) plus $35+ for death certificates
• Solicitor-assisted probate: $2,000 to $5,000+ depending on complexity
• Public Trust or corporate executor: Setup fee of around $6,495 plus administration charges of up to 5% of estate value

DIY probate is legally permitted but the forms are precise legal pleadings, not fill-in-the-blank templates. A minor error triggers a requisition and weeks of delay.

Our New Zealand End-of-Life Planning Guide includes a probate readiness checklist that helps executors assess whether probate is needed, prepare the required documents, and avoid the most common requisition triggers — whether they're handling it themselves or working with a solicitor.

What Happens While You Wait

During processing of a required High Court grant, accounts held solely in the deceased's name remain frozen. This creates real cash-flow pressure for surviving partners who may have relied on shared accounts for daily expenses.

Planning ahead — documenting which assets are at which institutions, checking how property titles are registered, and understanding which accounts are jointly held — can mean the difference between a two-week probate and a two-month ordeal. The complete guide walks through how to organise this information before it's needed.

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