How Long Does Probate Take in NZ? A Practical Guide to Estate Administration

When someone close to you dies, the legal steps that follow can feel overwhelming. Two questions come up in almost every initial conversation we have with families: how long does probate take, and is probate even required? The answers changed significantly in September 2025, when the Government raised the probate threshold from $15,000 to $40,000 for many assets, the first increase since 2009. This guide explains how probate and estate administration work in New Zealand, what the new threshold means for your family, and the realistic timeframes you should plan around.

Probate is a formal grant made by the High Court of New Zealand confirming that a will is valid and that the executors named in it have legal authority to deal with the deceased person’s assets. Banks, Kiwisaver providers and insurers will generally not release or transfer significant assets until they have seen this grant, and the transfer of real property, such as houses, cannot be actioned without probate. The process is governed by the Administration Act 1969 and the High Court Rules 2016.

If the person died without a valid will, the equivalent grant is called Letters of Administration. The court appoints an administrator, usually the closest eligible family member, and the estate is then distributed according to the intestacy rules in section 77 of the Administration Act 1969 rather than according to any personal wishes.

As a general rule, a grant of probate or letters of administration is required when either of the following applies:

• The deceased owned land or a house in their sole name. Property held in joint names usually passes automatically to the surviving owner by survivorship and does not require probate.
• The deceased held assets worth more than $40,000 with any single institution, for example a bank account, a KiwiSaver balance or a life insurance policy.

From 24 September 2025, the Administration (Prescribed Amounts) Amendment Regulations 2025 increased the amount that institutions can release assets without a court grant from $15,000 to $40,000. The change was announced by the Justice Minister on 31 July 2025 and applies under sections 65(2) and 65(5) of the Administration Act 1969. Importantly, the new threshold applies regardless of when the person died, provided no grant of administration has already been issued.

In practice this means banks, insurers, employers and KiwiSaver providers can pay funds of up to $40,000 per institution directly to a surviving spouse or partner, children, or the people entitled under the will or the intestacy rules. The change was made because most estates now include KiwiSaver balances above the old $15,000 limit, which forced many small estates through a High Court process that consumed a large share of their value in fees.

Two important qualifications apply. First, the higher threshold does not cover everything: for example, separate limits for company shares and certain bonds under sections 64 and 64A of the Act remain at $15,000. Second, each institution applies its own internal checks, and some may still ask for a grant even below the threshold, particularly where the family situation is complicated or contested.

There are two timeframes to understand: how long the court takes to issue the grant, and how long the full administration of the estate takes.

The court stage

The Ministry of Justice has an internal standard of completing 75 percent of probate applications within 15 working days of filing, and reported that as at June 2025, 89 percent of applications were completed within that timeframe. In our experience a straightforward application, filed with the original will and correctly sworn affidavits, is often granted within three to four weeks. Applications with defects, informal wills that need validation under section 14 of the Wills Act 2007, or missing documents take considerably longer. Getting the paperwork right the first time is the single biggest factor in a fast grant, which is where experienced legal help pays for itself.

The full estate administration

Obtaining probate is only the first step. The executor must then gather in the assets, pay debts and taxes, keep appropriate records of the estate administration and distribute the balance of the estate to beneficiaries. For a simple estate this can take around six months from the grant of administration. Estates involving a property sale, a family trust, overseas assets or a dispute can take up to a year or more.

An executor must also take into account potential claims against an estate. Certain people, such as children or partners who feel they were not adequately provided for, can bring a claim. An administrator who distributes the estate within six months of the grant can be personally liable if a successful claim later emerges, so careful executors generally wait out that period before making final distributions. This is why beneficiaries are often told that funds will not be paid immediately after probate is granted.

• Locate the original will and confirm its terms, keeping it unmarked and safe
• Identify all assets and liabilities, including bank accounts, KiwiSaver, property, vehicles, insurance and debts
• Apply to the High Court for probate, usually through a lawyer, and pay the court filing fee
• Collect in the assets once the grant is issued, sell property where the will requires it, and pay all debts, funeral costs and tax
• Keep clear estate records and distribute the balance to the beneficiaries named in the will

Executors are personally responsible for administering the estate correctly. Our estates team regularly acts for executors who want the reassurance of professional support, and we also liaise directly with banks, insurers and other organisations on behalf of families.

Dying without a will is called dying intestate. If the estate exceeds the thresholds above, someone must apply for Letters of Administration, which can be slower and more expensive than probate. Distribution then follows the fixed formula in the Administration Act 1969. For example, where a partner and children survive, the partner receives the personal chattels, a statutory legacy of $155,000 plus interest, and one third of the estate, with the children sharing the other two thirds. That formula can produce results very different from what the deceased would have wanted, which is why we encourage every adult, whatever the size of their estate, to have a will.

How long after probate can funds be distributed in NZ?

Executors can begin collecting assets and paying debts as soon as the grant issues. While final distribution to beneficiaries commonly takes place after the six-month protection period, the timing varies from estate to estate. Beneficiaries should be aware that distributions depend on the specific circumstances and administration of the estate.

Do you have to wait 6 months after probate?

There is no law that forbids earlier distribution, but an executor who distributes within six months of the grant loses statutory protection if a family protection or similar claim is later successful. Many executors therefore choose to wait unless the risk of a claim is clearly negligible.

Is probate needed for a jointly owned home?

Usually not for the home itself. Property owned as joint tenants passes automatically to the survivor. Probate may still be needed for other assets held in the deceased’s sole name.

How much does probate cost?

The High Court filing fee is set by regulation and legal costs depend on the complexity of the estate. We can provide an estimate at the outset so families know what to expect before any work begins.

Every estate is different, and the process depends on the assets involved, the terms of the will and the family circumstances. Bramwell Bate’s experienced estates team assists executors and families throughout Hawke’s Bay with probate applications, Letters of Administration and the full administration of estates. Contact us on 06 872 8210 or through our website and we will guide you through each step.