Probate NZ: The $40,000 Threshold, Fees, and When You Actually Need It

You're dealing with a death in the family, and someone has told you that you need probate. Or maybe you've been told you don't. Either way, you're not sure what probate actually is, what it costs, or whether it applies to your situation.

Here's what you need to know — without the legal jargon.

What Probate Actually Does

When someone dies, their assets don't automatically transfer to whoever is named in the will. Financial institutions, land registries, and government agencies need official confirmation that the will is valid and that you have authority to deal with the estate.

Probate is that confirmation. The High Court of New Zealand reviews the will, confirms it's genuine, and issues a grant of probate. With that document in hand, you can collect bank balances, transfer property titles, sell shares, and close accounts.

Without probate, most institutions simply won't release assets — they have no way to verify your authority and no protection from future claims.

The $40,000 Threshold: What Changed in September 2025

New Zealand raised its probate threshold significantly in September 2025. The new limit is $40,000 per institution.

This is a big change from the previous $15,000 limit. It means that if a deceased person had a bank account with less than $40,000, the bank can release those funds without seeing a grant of probate — they can rely on a statutory declaration from the administrator instead.

A few important points about how this threshold works:

It applies per institution, not to the total estate. If someone had $35,000 at ANZ and $35,000 at Westpac, neither bank is technically required to demand probate under the threshold rules. However, individual banks still have their own internal policies and may ask for probate regardless.

Shares and bonds are still capped at $15,000. The $40,000 threshold applies to money held at financial institutions. For shares and bonds, the old $15,000 limit still applies under most share registries.

Real estate always requires probate. There is no threshold exception for property. If the estate includes any real estate in the deceased's name, you must obtain probate (or letters of administration if there's no will) before the title can be transferred. This applies even if the property value is low.

Life insurance paid to the estate also typically requires probate. If the deceased named their estate as beneficiary rather than naming individuals directly, the insurer will usually require a grant before paying out.

Do You Actually Need Probate?

Run through this checklist:

• Does the estate include real estate? If yes, you need probate (or letters of administration).
• Does the estate include shares or bonds worth more than $15,000? If yes, you likely need probate.
• Does any single financial institution hold more than $40,000? If yes, that institution may require probate.
• Is there no will? If the person died intestate, you need letters of administration instead of probate — but the process and cost are similar.

If none of these apply — small bank balances under $40,000, no property, no shares above $15,000 — you may be able to handle the estate through informal administration. This means dealing with institutions directly using a statutory declaration and death certificate, without going through the court.

The Filing Fee and What to Expect

The court filing fee for probate in New Zealand is $269 as of 2026.

Here's a realistic timeline once you file:

• Standard processing: approximately 15 working days (three calendar weeks)
• You file the original will plus certified copies with your application
• The court examines the documents and, if satisfied, issues the grant
• Complex estates or contested wills take considerably longer

You'll need multiple certified copies of the grant — typically 3 to 5 — because different institutions each want to keep their own copy. The fee covers the application; additional copies of the grant cost extra.

Informal Administration: Avoiding Court Entirely

If the estate is genuinely simple and falls below the thresholds, informal administration is worth attempting before you go to the expense and delay of a court application.

Under informal administration, you write to each institution with:

• A certified copy of the death certificate
• A copy of the will (if there is one)
• A statutory declaration confirming your authority as executor or administrator
• A request to release funds

Some institutions will cooperate. Others — particularly larger banks — have strict internal policies requiring probate regardless of the threshold. The worst that can happen is they say no and you then apply for probate. You've lost some time but not money.

The Administration Act 1969 governs who has authority to administer an estate in New Zealand. For simple estates where everyone agrees and there's no dispute, informal administration is legally permissible.

When to Get Legal Help

Probate itself isn't inherently complicated if the will is clear and uncontested. Many executors handle it themselves using the court's guidance documents and forms.

Get a solicitor involved if:

• The will is being challenged by a family member
• There are overseas assets
• The estate includes a business
• Beneficiaries are in dispute about anything
• The deceased had complex debts or personal guarantees
• You suspect assets were transferred out of the estate shortly before death

Solicitor costs for a straightforward probate in New Zealand typically run $1,500–$4,000 depending on complexity and firm.

What Surviving Partners Need to Know

If you're the surviving spouse or partner and the estate was mostly held in joint names, probate may not be required at all. Joint assets — bank accounts with right of survivorship, jointly owned property — transfer automatically to the surviving owner. You need only provide the death certificate to have your spouse's name removed from the title or account.

The estate requiring probate is specifically the assets held in the deceased's name alone.

For surviving partners navigating the full financial picture after a death — not just probate, but benefit entitlements, tax obligations, and asset transfers — the NZ Survivor Benefits guide at bereavementstartguide.com/nz/survivor-benefits covers the complete process with jurisdiction-specific forms and timelines.

The Practical Order of Operations

1. Get the death certificate (register within 3 working days at a BDM office)
2. Locate the original will
3. List all assets and where they're held
4. Identify which assets are in the deceased's name alone
5. Check whether any institution holds more than $40,000 — those will likely require probate
6. Check whether there's real estate — if so, probate is required
7. If probate is needed, file the application with the High Court (filing fee $269)
8. While waiting for the grant (15 working days), notify government agencies and deal with joint assets
9. Once the grant is issued, collect and distribute estate assets

The $40,000 threshold change from September 2025 has genuinely simplified the process for many families. If the estate is small and uncomplicated, you may be able to wrap everything up without ever filing at court. But for anything involving property, and for estates where any single institution holds significant assets, probate remains the required step — and it's worth starting that process early rather than waiting.

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