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Executors and probate in NZ: what an executor does and when you need probate

Named as executor? What the job involves, when NZ probate is needed, the High Court fee and process, letters of administration and challenge deadlines.

By the NZ Lawyers team · Facts checked against the sources listed below on 18 October 2026.

You've been named executor. What now?

Someone close to you has died and their will names you as executor. Alongside the grief, you now have a legal job with real responsibilities, and banks, KiwiSaver providers and Land Information New Zealand may all want to see a court document before they deal with you. This guide explains what an executor does, when you need probate, how to apply, and when to bring in a lawyer.

What an executor does, step by step

An executor is the person or trustee company named in a will to carry out its instructions. In practice the job looks like this:

  1. Find the latest will, including any later changes (codicils). If you're unsure whether there is one, ask family, the person's lawyer, or Public Trust.
  2. Deal with the funeral. The executor is responsible for the body and the funeral, and has the final say on burial or cremation, taking tikanga Māori into account where it applies.
  3. Get authority if it is needed, usually probate (see below).
  4. Identify and collect the assets, writing to banks, insurers, share registries and others, including for any assets overseas.
  5. Pay debts and tax, including tax owed at death and tax on income the estate earns afterwards, such as rent.
  6. Deal with any claims against the estate, by settlement or in court.
  7. Distribute what is left according to the will.

Can an executor also be a beneficiary? Yes. It is common, although some will-makers choose someone independent for impartiality. An executor is only paid for their work if the will provides for it; professional executors usually ask for that. Public Trust says administering an estate commonly takes 6 to 12 months.

Do you need probate?

Probate is a High Court order confirming that the will is valid and that the executor has legal authority to manage the estate. Without it, banks and other organisations may refuse to release money or property.

It is not always required. Under the small-estate rules, institutions such as banks, superannuation funds and employers may release up to $40,000 held for the deceased, and life insurance payouts up to $40,000, without probate. Shares in a company, and government or local authority stock, can be transferred without probate up to $15,000 each. You usually just need a death certificate. Two cautions from Community Law:

  • These limits apply to each holding, not to the total value of the estate, a point Community Law says is often misunderstood.
  • The organisation is allowed to release the funds but is not obliged to. If it refuses, you will need probate.

Land, such as a house, usually needs probate before it can be transferred or sold. Property owned jointly, for example as joint tenants or in a joint bank account, usually passes to the surviving owner without a court order, although the change still has to be recorded.

Applying for probate: forms, fee and timing

Every probate application in New Zealand is filed with the High Court in Wellington, wherever the person lived. The application is supported by a sworn affidavit and other documents in the form the High Court Rules require. The Ministry of Justice publishes a step-by-step guide for executors applying themselves, but only where there is a valid will, the named executors all apply together, and there is no dispute. Community Law notes that the paperwork is usually prepared by a lawyer acting for the estate.

  • Court fee: $275 for probate or letters of administration. You can apply to have it waived, postponed or refunded.
  • Timing: the Ministry gives a typical processing time of 15 working days. It takes longer if documents are missing, wrong or unsigned.
  • Public record: once a probate application is filed, the will becomes publicly accessible.
  • Distribution: Community Law says property generally can't be distributed until six months after probate is granted, to leave time for claims, although interim payments to beneficiaries are sometimes possible.

No will, or no executor: letters of administration

If there is no will, someone, usually the closest relative or sometimes a trustee company or Public Trust, applies for letters of administration and becomes the administrator. The same applies if the will is invalid, names no executor, or the named executor can't or won't act. The estate is then shared under the intestacy rules in the Administration Act 1969. The Ministry of Justice describes this process as generally more complex and suggests getting legal advice.

Can the will be challenged? Watch the deadlines

  • Validity. A will can be challenged in the High Court as not properly signed and witnessed, made without capacity, or made under undue influence. Anyone intending to do this should file a caveat before probate is granted.
  • Family Protection Act 1955. Certain family members, such as a partner, children and some grandchildren and stepchildren, can claim they were not adequately provided for. Claims must be filed within 12 months of the grant of administration.
  • Law Reform (Testamentary Promises) Act 1949. Someone who worked for or cared for the deceased on a promise of being provided for in the will can claim within 12 months of the grant of probate.
  • Property (Relationships) Act 1976. A surviving partner can choose to apply for a share of relationship property instead of what the will gives them.

The court can sometimes extend the 12-month limits, but not once the estate has been distributed. An executor has to resolve claims before distributing, which is one more reason not to rush.

When to get a lawyer and how to choose one

A lawyer is worth it from the start if there is land, a family trust or a business, any assets overseas, no will or no available executor, doubts about whether the will is valid, or family members who may make a claim. Community Law says overseas assets will likely need a lawyer, and the Ministry of Justice recommends advice where the estate may be contested. A trustee company such as Public Trust is another option for help with administration.

Questions to ask before you instruct anyone:

  • Will you prepare the probate application, and what is included in your fee?
  • Do you charge a fixed fee for probate, and hourly for the rest of the administration?
  • What disbursements should the estate expect, such as the court fee and searches?
  • Who will be my contact, and how often will you update me and the beneficiaries?
  • How do you handle a claim or dispute if one comes up?

Fixed fee or hourly? The Law Society says most lawyers charge an hourly rate, but a lawyer and client can instead agree a fixed fee at the start, sometimes split into stages. Whichever you choose, the lawyer must tell you before work starts how fees will be charged and paid, the terms should be set out in their engagement letter, fees must be fair and reasonable, and if you ask for an estimate they must tell you promptly if it looks likely to be exceeded.

Check they are a practising lawyer. Search the person's name on the Law Society's Register of Lawyers, which shows a lawyer's practising status. If the estate includes a family trust, see our trust lawyers in Hamilton. Planning your own affairs? Read our wills and EPA guide.

Ready to talk to someone? Compare wills and estates lawyers in Hamilton in our directory.

This guide is general information, not legal advice. Talk to a lawyer about your situation.

Common questions

When is probate not required in NZ?

When the estate has no land and each holding is under the small-estate limits, such as up to $40,000 with a bank or $15,000 in shares, and the institution agrees to release it. Institutions don't have to agree.

How long does probate take?

The Ministry of Justice says applications typically take 15 working days to process if the documents are in order. Administering the whole estate commonly takes 6 to 12 months.

How much does probate cost?

The High Court filing fee is $275. Legal fees are extra and depend on the estate and the firm, so ask for an estimate.

Can an executor also be a beneficiary?

Yes. The law allows an executor to be named as a beneficiary in the will, although some people choose an independent executor for impartiality.

How long do people have to challenge a will?

Family Protection Act claims must be filed within 12 months of the grant of administration, and testamentary promises claims within 12 months of the grant of probate. A validity challenge should start with a caveat before probate is granted.

Sources

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