Your FAQs About Probate, Executors, and the Process answered.

When someone close to you passes away, dealing with their estate can be daunting - especially during an emotional time. Whether you're named as an executor in a will or are simply trying to understand what comes next, this guide outlines the key steps and answers common questions about estate administration in New Zealand.

1. What is estate administration?

Estate administration is the process of managing and distributing a person’s assets after they die. It involves:

• Gathering and protecting the deceased’s assets
• Paying any debts or taxes
• Distributing the remaining funds/assets to the beneficiaries

This process can be straightforward or complex, depending on the size of the estate, the type of assets, and whether a valid will exists.

2. What is Probate?

Probate is a legal document that is sought from the High Court who confirm that a will is valid and gives the executor the authority to deal with the estate and access bank accounts, transfer property, and distribute the estate as per the will.

If there is no will, an application for Letters of Administration on Intestacy is made, and an administrator  is appointed (usually a close family member).

3. What are the main steps in administering an estate?

Here’s a general overview of the process:

1. Locate the will (if one exists).
2. Apply for Probate or Letters of Administration on Intestacy through the High Court.
3. Identify and value all assets (e.g., property, bank accounts, shares, KiwiSaver).
4. Pay debts and any taxes (including income tax and potentially estate or gift duty).
5. Distribute the remaining assets to the beneficiaries. Keep clear records and provide an account of the administration if required.

4. What does an executor do?

An executor is responsible for ensuring the terms of the will are carried out. Their legal duties include:

• Acting in good faith and in the best interests of the estate
• Protecting the estate’s assets
• Ensuring debts and taxes are paid
• Distributing the estate as outlined in the will
• Keeping beneficiaries informed

Executors can be held personally liable if they make serious mistakes. So, if you have been appointed an executor, it is prudent to seek legal guidance as you carry out your role.

5. Does every estate need to go through Probate in New Zealand?

No - not all estates require Probate. It may not be necessary if:

• The estate is small (some banks allow access to funds under a certain threshold without Probate)
• All assets were jointly owned with a spouse or another party
• Certain assets (like life insurance) have named beneficiaries

However, Probate is usually required when the estate includes property, real estate, or significant financial assets.

6. What if there’s no will?

If a person dies without a will, they are said to have died ‘intestate’. A close relative (usually a spouse, partner, or adult child) must apply to the High Court for Letters of Administration on Intestacy.

The estate is then distributed according to the Administration Act 1969, which outlines a specific order of entitlement. This may not reflect what the deceased would have wanted, so it’s always a good idea to have a will in place.

7. How long does the process take?

Administering an estate can take anywhere from 6 to 12 months, depending on:

• Whether Probate is needed
• The complexity of the assets
• Whether there are disputes among beneficiaries

Delays can also arise if the will is contested or if there are issues with asset valuations or tax returns.

8. Can I get help with the process?

Absolutely. While some executors manage estates on their own, many choose to work with a legal adviser - especially when:

• The estate is complex
• There's no will
• There are overseas assets or beneficiaries
• Beneficiaries are disputing the will

A lawyer can help you apply for probate or Letters of Administration on Intestacy, manage the distribution of assets, and ensure your legal responsibilities are met.

Need Assistance?

We understand that estate administration can feel overwhelming - particularly during a time of grief. If you’ve been appointed an executor or are unsure about your responsibilities, we’re here to help.

Contact us for practical, compassionate legal advice tailored to your situation. Whether you need help applying for probate, interpreting a will, or managing the full administration process, we can assist.