Estate administration
Holly Mooney • 23 April 2025

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.

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"Custody" isn't actually a legal word in NZ anymore - here's what we say instead

20 September 2026
He taonga to mokopuna, kia whāngaia, kia tipu, kia rea - a child is a treasure, to be nurtured, to grow, to flourish. A common thing we hear from clients is "I want custody of my children." While most people understand what "custody" means, the reality is that custody is no longer a legal term used in New Zealand family law. In fact, the term was removed from our legislation more than 20 years ago. So, what changed? The Care of Children Act 2004 replaced the old concepts of "custody" and "access" with language that focuses more directly on children's needs and parental responsibilities. Instead of talking about custody, the Family Court now talks about: Day-to-day care (who the child lives with and who looks after them on a daily basis); and Contact (the time a child spends with a parent or other important person when they are not in that person's care). The change was intentional. The law moved away from language that can sound like a child is something to be "owned" or "won" by one parent. What does "day-to-day care" mean? Day-to-day care refers to the practical care of a child, including: Where the child lives; Their daily routine; School attendance; Meals, bedtime, and general supervision; and The everyday decisions involved in raising them. A parent can have: Sole day-to-day care; or Shared day-to-day care arrangements. There is no legal presumption that one parent should have day-to-day care over the other. The Court's focus is always on what is in the child's welfare and best interests. What about "contact"? What many people previously called "access" is now referred to as contact . Contact can take many forms, including: Weekend visits; School holiday time; Telephone calls; Video calls; Supervised contact; or Other arrangements that allow a child to maintain a relationship with an important person. The Court recognises that children generally benefit from having ongoing relationships with both parents, provided doing so is safe and in their best interests. Does this mean I can't say "custody"? Not at all. Many people still use terms like "custody," "shared custody," and "access" in everyday conversation, and most lawyers will understand exactly what you mean. However, if you're involved in Family Court proceedings, you'll hear terms such as: Day-to-day care Contact Guardianship Parenting orders These are the legal concepts that will appear in Court documents and orders. Why does the language matter? The shift away from "custody" reflects a broader change in how New Zealand family law views parenting after separation. Rather than focusing on which parent "gets" the child, the law focuses on: The child's welfare and best interests; Maintaining important relationships; Encouraging parents to work together where possible; and Ensuring children are protected from harm. Ultimately, Family Court decisions are not about determining a "winner" and a "loser." They are about creating arrangements that best support the child's wellbeing. As family lawyers , we offer advice, guidance and representation in family law matters, if you would like assistance or to talk to someone, contact us today. Written by: Eva Leutele
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