Wills, probate and estates

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

Wills and executors

A will is a set of instructions for after someone dies. The person lists what they want to happen with their:

  • property, money and other possessions
  • end-of-life wishes, such as funeral, tangi or memorial requests.

The will names the ‘executor’ — the person who carries out the instructions in the will and deals with the estate.

What’s included in an estate — Community Law

When someone dies without a will

The person dealing with the estate is called the ‘administrator’ — this will usually be a family member.

When there’s no will

Who can be the executor of someone’s will

You can only be the executor if you were named in the will to act as one.

Choosing an executor — Community Law

Some people know they’ve been named the executor. Others can be surprised to find out they’re named.

Options if you’re named the executor

You can choose to:

  • be the executor
  • pay for some legal help to cover specific areas of wills and estates
  • refuse to be the executor.

Timeline and information for dealing with the estate

Choose to be the executor
If you refuse to be the executor

When will the court appoint an administrator? — Community Law

Where to find the will of someone who died

The person who died may have already told some people where their will is.

Store your will and enduring powers of attorney in safe places

Other options for finding a will

When there’s no will

People do not have to make a will.

When someone dies without a will, they’re said to have died ‘intestate’.

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

When there’s no will and no close family (next of kin)

Apply to be the administrator

Disclaimer — find professionals for advice

Wills and estates are often outside of people’s everyday comfort level and experience — but they’re important.

This content:

  • helps you take the first steps
  • is not legal or financial advice — for that, find either a lawyer, trustee company or financial adviser.

Contacts for legal and financial advice

Lawyers

Trustee companies

Examples of different levels of help for executors

Help for executors — Public Trust

Financial advisers

Find a financial adviser — beneficiaries

When there are enduring powers of attorney

  • Tell the attorneys — if there was an enduring power of attorney (EPA or EPOA) for personal care and welfare or property in place.
  • Tell the family court — if a welfare guardian or property manager had been appointed. Also, if a personal order or an order to administer property had been granted.

What happens to an EPA when you die

Apply to handle the estate

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

Small estates: no need for court approval — Community Law

Check if you need to apply to the High Court

Before dealing with an estate, you need to apply for either:

  • Probate — if there’s a will and you’re the executor
  • a Letter of Administration on Intestacy — if the person died without a will or the executor of a will either refuses or is unable to be the executor.

Check whether a court order is required — Ministry of Justice

Apply to deal with an estate — executors and administrators

There are limits on who can deal with — formally called ‘administer’ — an estate.

Whose job is it to deal with the deceased’s property? — Community Law

Before you apply, check that you’re allowed to be the executor or administrator under the law.

Apply to administer an estate: High Court — Ministry of Justice

How long applications take, and help with the cost

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

Help paying court fees

Applying to administer an estate is a legal process with a fee.

You might be eligible to have the fee either:

  • waived
  • postponed
  • refunded.

Apply for help to pay the court fees — Ministry of Justice

After a successful application: deal with the estate

Once successful, dealing with the estate depends on how simple or complex it is.

Deal with the estate

Other responsibilities for the executor or administrator

Outside of the estate, the executor or administrator needs to:

In some of the non-estate responsibilities, family and friends can help out, too. The executor should always be involved and know what’s going on, though.

Deal with the estate

Once given probate or the letter of administration for the estate, you can start to administer it.

As the executor (probate) or administrator (letter), you make sure that the wishes of the person who died happen.

Identify and collect all the property — Community Law

Timeline for dealing with estates

It can take up to 6 months to handle simple estates.

Complex estates often take longer.

Examples and timelines for dealing with estates

Public Trust lists examples and timelines for estates that are:

  • simple
  • mid-sized
  • complex.

When someone has died — Public Trust

Examples of carrying out the wishes in a will

To execute a will and deal with an estate, you’ll need to make sure:

  • guardians follow the right Family Court processes, if needed
  • money owed, if any, on the estate is paid to the right people or companies
  • tax, if any, is paid to Inland Revenue
  • any challenges to the will are legally handled
  • any claims on the estate are either settled or go through the right court process
  • beneficiaries get what the will says they should get or as legally determined.

More information — executing a will and dealing with an estate

Firearms, other arms items and ammunition — also part of the estate

Make sure you safely and legally dispose of any firearms, other arms items and ammunition.

Death of a firearms licence holder

Guardians — take care of children

Make sure the family and guardians have information about the:

  • responsibilities of raising children
  • applications and help from the Ministry of Justice.

Help children grieve and mourn their loss

KidsHealth Hauora Taitamariki explains how to:

Children’s rights with guardianship

Parents as guardians

If there’s a surviving parent, they’re usually:

  • automatic guardians
  • responsible for the day-to-day care of children
  • involved in the other responsibilities of raising children.

Parents as guardians — Community Law

Day-to-day care and other responsibilities for guardians

Community Law explains:

Guardians listed in a will — called ‘testamentary’

For guardians listed in a will, it’s good to review:

Day-to-day care is not automatic

Testamentary guardians are not automatically responsible for the day-to-day care of children, though.

Other people as guardians — Community Law

Apply for day-to-day care and solve disagreements

Beneficiaries — people getting part of the estate

Dealing with an estate takes time — it’s good to point beneficiaries to information about the timeline and roles.

Information to help beneficiaries: timeline and roles

After receiving part of the estate — their ‘inheritance’

It’s helpful to remind beneficiaries to review their money habits when their inheritance is either:

  • money
  • property
  • or both.

Tips for inheritance — check your money habits

People get inheritance at different stages in their lives. Go to Sorted’s website, from the Retirement Commission, to start or double-check:

More information about inheritance

Find a financial adviser

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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