How to Reseal a New Zealand Probate Grant in Australia

When an Australian dies in New Zealand and holds assets in both countries, the executor faces a probate problem that has no shortcut. A New Zealand grant of probate or letters of administration gives you authority over New Zealand assets — but it does not by itself give authority over Australian assets. Australian banks, share registries, and land titles offices may require a "reseal" by the Supreme Court in the relevant Australian state or territory.

Resealing is not a new probate application. It is a judicial confirmation that the foreign grant is valid and should be given the same force in Australia as if it had been granted locally.

When Resealing Is Required

Not every estate needs it. The threshold depends on the type and value of Australian assets:

• Bank accounts under the small estate threshold — most Australian banks will release funds below $50,000–$100,000 (varies by bank) on production of the foreign death certificate, the will, and proof of executor identity, without requiring any court grant
• Real property (land or buildings) — always requires a resealed grant. The state land titles office will not transfer ownership without one
• Share portfolios — Computershare and Link Market Services typically require a resealed grant for holdings above their small-estate threshold
• Superannuation — the fund trustee decides beneficiaries independently and usually does not require probate, but some self-managed super funds with property assets do

If the deceased's Australian assets are entirely below the bank thresholds and do not include real property, you may not need to reseal at all.

Which State Court Handles the Resealing

The application goes to the Supreme Court in the Australian state or territory where the deceased held assets. If assets are spread across multiple states, check each relevant registry because filing requirements differ by jurisdiction.

• NSW — Supreme Court of New South Wales, Probate Registry
• Victoria — Supreme Court of Victoria, Probate Office
• Queensland — Supreme Court of Queensland, Registry
• Western Australia — Supreme Court of Western Australia
• South Australia — Supreme Court of South Australia, Probate Registry
• Tasmania — Supreme Court of Tasmania
• ACT — ACT Supreme Court
• NT — Supreme Court of the Northern Territory

Each registry has slightly different filing requirements, but the core documents are the same.

What You Need to File

The standard resealing application requires:

1. The original New Zealand grant of probate or letters of administration — a certified copy from the Wellington High Court
2. A New Zealand death certificate, with an apostille if the relevant registry requires one — the DIA Authentication Unit in Wellington issues the apostille
3. The original will (or a certified copy from the New Zealand court)
4. A schedule of Australian assets — listing each asset, its location, and its estimated value
5. An affidavit from the executor — confirming the grant is still in force and has not been revoked
6. The filing fee — varies by estate value and state

Some registries also require a certificate from the New Zealand court confirming no caveats or claims have been lodged against the estate.

The Requisition Trap

Probate registries are meticulous. If any document is missing, incorrectly certified, or lacks an apostille where the registry requires one, the registry issues a "requisition" — a formal request for the missing item. Each requisition adds weeks to the timeline because you often need to go back to New Zealand authorities for the corrected document.

The most common requisitions for trans-Tasman resealing:

• Death certificate submitted without an apostille where the registry requires one
• The New Zealand grant is a photocopy rather than a certified court copy
• The affidavit does not address whether the grant has been varied or revoked
• Australian assets are listed without current valuations

Getting the document pack right the first time avoids a cycle of requisitions that can stretch the process from weeks into months.

Timeline

Processing time varies by registry. Requisitions add weeks or months, and if the New Zealand grant itself is delayed (because the New Zealand High Court is still processing the probate application), the entire Australian timeline is pushed back accordingly.

The Alternative: Dual Grants

Some executors skip resealing and apply for a fresh grant of probate in Australia, using the New Zealand death certificate and will directly. This can be faster if the Australian assets are concentrated in one state and the will is straightforward. However, if the New Zealand court has already interpreted the will (for example, resolving a dispute over an executor appointment), a fresh Australian grant does not carry those judicial findings.

For estates with assets in both countries, dual wills — one governing New Zealand assets and one governing Australian assets — eliminate the resealing requirement entirely. This is a planning step, not a post-death option, but worth noting for families who want to avoid this complexity for the next generation.

The Australian Dies in New Zealand — Family Emergency Guide includes a probate resealing checklist with the specific filing requirements for each Australian state, a document preparation guide to avoid requisitions, and the apostille workflow for the New Zealand death certificate and grant.