Probate in NZ: What It Is, When You Need It and How to Apply

When someone dies, the people left to sort out their affairs often hear the word probate for the first time and are not sure what it means or whether it applies to them. Probate is one of the most common steps in administering an estate in New Zealand, but it is not always required, and the rules changed in September 2025 when the threshold that decides when probate is needed rose from $15,000 to $40,000. This guide explains what probate is, when you need it, when you do not, and how the application process works, so that families and executors know what to expect.

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 the legal authority to deal with the assets of the person who has died. Banks, KiwiSaver providers and insurers will generally not release or transfer significant assets until they have seen the grant, and the transfer of land or a house cannot proceed without it. In short, probate is the court’s confirmation of who is entitled to administer the estate. The process is governed by the Administration Act 1969 and the High Court Rules 2016.

As a general rule, a grant of probate 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 need 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.

If neither of these applies, it may be possible to administer the estate without a court grant. Each institution still applies its own checks, so it is worth confirming their requirements before assuming probate is not needed.

From 24 September 2025, the Administration (Prescribed Amounts) Amendment Regulations 2025 increased the amount that institutions can release without a court grant from $15,000 to $40,000. The change applies under sections 65(2) and 65(5) of the Administration Act 1969, and it 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, to children, or to the people entitled under the will or the intestacy rules. The threshold was raised 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 qualifications are worth noting. First, the higher threshold does not apply to everything: separate limits for company shares and certain government and local authority bonds under sections 64 and 64A of the Act remain at $15,000. Second, some institutions still ask for a grant even below the threshold, particularly where the family situation is complicated. Real property in the sole name of the deceased always requires a grant, whatever its value.

Probate applies where there is a valid will. If the person died without a valid will, the equivalent grant is called letters of administration. In that case the court appoints an administrator, usually, a person entitled to benefit from the estate and who has priority under the High Court Rules 2016 will be appointed to administer the estate, and the estate will be distributed in accordance with the intestacy provisions of the Administration Act 1969 rather than according to the deceased’s personal wishes.

Those rules follow a fixed formula. Where a partner and children survive, for example, the partner receives the personal belongings, a statutory legacy of $155,000 plus interest, and one third of the balance, with the children sharing the other two thirds. That outcome can look very different from what the person would have wanted, which is the strongest argument for having an up to date will. You can read more on our Wills, Trusts and Power of Attorney page.

An application for probate is made to the High Court, usually through a lawyer, and involves a set sequence of steps:

1. Locate the original will and confirm it is the last valid will. The court will not accept a copy or a marked document without further evidence.
2. Gather the information needed for the application, including the death certificate and details of the executors and the estate.
3. Prepare and swear an affidavit for grant of probate. This is a written statement, signed in front of a solicitor, in which the executor confirms the will and their willingness to act.
4. Lodge the application and supporting documents with the High Court and pay the filing fee set by regulation.
5. Wait for the grant to issue, after which the executor has authority to collect and deal with the estate assets.

The affidavit follows a strict format and references the original will, which remains with the High Court. Getting the documents right the first time is the single biggest factor in a smooth application, which is where experienced legal help earns its keep.

Obtaining probate is the beginning of the administration, not the end. Once the grant issues, the executor collects in the assets, pays the debts, taxes and funeral costs, keeps proper records and then distributes the balance to the beneficiaries. Executors also have to allow for possible claims against the estate, and generally wait at least six months from the grant before making final distributions, to protect themselves from personal liability. Our companion article, the NZ Executor Duties Guide, sets out the executor’s responsibilities in full.

The Ministry of Justice aims to complete most probate applications within a few weeks of filing, and a straightforward application filed with the original will and correctly sworn affidavits is often granted within three to four weeks. The full administration of an estate takes longer, commonly around six months for a simple estate and up to a year or more where a property sale, a trust or a dispute is involved. For a detailed breakdown of timeframes, see our article How Long Does Probate Take in NZ.

Do you need a lawyer to apply for probate in NZ?

You are not legally required to use a lawyer, but most executors do, because the affidavit and supporting documents follow a strict format and errors cause delay. A lawyer also handles the correspondence with banks, insurers and other organisations, which saves executors considerable time and stress.

How much does probate cost in NZ?

There is a High Court filing fee 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.

What documents are needed for probate in NZ?

The core documents are the original will, the death certificate and a sworn affidavit from the executor. Details of the estate assets are also needed to complete the administration once the grant issues.

Is probate needed for a jointly owned home?

Usually not for the home itself, because property owned as joint tenants passes automatically to the surviving owner. Probate may still be needed for other assets held in the sole name of the deceased.

Every estate is different, and whether probate is required depends on the assets involved and how they were held. 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.