Probate and wills

After someone dies, an executor or administrator needs to be appointed through the High Court to deal with the estate.

Wills, executors and administrators

A will is a set of instructions for what you want to happen to your property and money after you die.

An executor is the person who carries out the instructions in your will. When they carry out your instructions, this is called executing the will.

When a person dies without a will, the person dealing with the estate is called the administrator, this will usually be a family member.

Deciding what happens to your property after you die — Community Law

Make a will

In your will you can choose who will inherit your property, money and other possessions. This can include people living outside NZ, whether they’re NZ citizens or not. You can also include in your will, instructions for:

  • care of your children and other dependents
  • funeral arrangements
  • what should happen to your body
  • who will be the executors.

There are rules around making a will and requirements you need to meet for it to be valid.

Making a will — Community Law

Deceased person has no will

You do not have to make a will. When someone dies and they do not have a will, they are said to have died intestate. 

Who gets the property if there’s no will? — Community Law

Challenge a will

You can challenge a will if it’s not legally valid, for example not witnessed properly.

Even when the will is valid, there are legal requirements for inheritance. You can challenge the will if you:

  • are a family member and have not been adequately provided for
  • were promised to be included in the will for work or services you provided and the promise has been broken
  • are the spouse or partner and want to get half of the relationship property instead of what you were left.

Challenge a will — Community Law

Dealing with the estate

As the executor or administrator, you deal with the estate and make sure that the wishes of the deceased are carried out.

Before you can start dealing with the estate, you need to apply to the High Court for:

  • Probate — if there was a will
  • a Letter of Administration on Intestacy — if the person died intestate (without a will). 

If the estate is worth less than $15,000, you may not need to apply to the High Court.

It can take 6 months to distribute the estate, but if the estate is more complex, it could take longer.

Check whether a court order is required — Ministry of Justice

Apply to administer an estate 

Applying to administer an estate is a legal process. There are restrictions for who can administer an estate. Before applying, check that you are allowed to be the executor or administrator under the law.

There is a fee for probate and letters of administration. The fees may be able to be waived, postponed or refunded if you meet the criteria for this.

It usually takes 6 to 8 weeks to get probate or a letter of administration — during busy times, it may take longer.

Apply to administer an estate — Ministry of Justice

Notify organisations

Firearms — Te Tari Pūreke | Firearms Safety Authority

If the deceased person had a firearms licence at the time of their death, the executor or administrator is responsible for the firearms and their disposal.

As the executor or administrator, you should:

  • contact Te Tari Pūreke and tell them the firearms license holder has died
  • follow the instructions for the firearms in the will or the grant of admission.

If there are no instructions, you need to dispose of the firearms in line with the Arms Act 1983.

When a firearms licence holder dies — Te Tari Pūreke | Firearms Safety Authority

Tax — Inland Revenue

Contact Inland Revenue (IR) if the deceased person:

  • had a student loan
  • paid or received child support
  • had a KiwiSaver account
  • ran a business.

Guidance about contacting IR when someone has died and filing a tax or estate return for the deceased is on the IR website: 

You can also use myTrove to notify IR that someone has died. 

myTrove — Notify a death

Benefits and pensions

Contact Work and Income if the person who died was being paid a benefit, NZ Super or a Veteran’s Pension. 

You can find out more about updating benefit payments and bank account details on the Work and Income website:

Insurance and money

You’ll need to:

  • arrange for any life or funeral insurance to be paid out
  • check whether the deceased is owed any pay or superannuation from their workplace
  • talk to the deceased’s bank to freeze their accounts until the will is executed, or transfer any joint accounts to the surviving account holder
  • cancel any bills or accounts under the deceased’s name.

Cancel the deceased’s passport

To cancel the deceased’s passport, you can use myTrove or contact the Department of Internal Affairs’ passports service:

Cancel the deceased’s driver licence

Contact the New Zealand Transport Agency (NZTA) to cancel the deceased’s driver licence.

Deceased licence holders

Property

If the deceased owned a house that was registered as a joint family home, your lawyer will arrange to transfer the title to the surviving partner.

Who to contact for more help

If you need more help or have questions about the information or services on this page, contact one of the following agencies.

Utility links and page information

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