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When someone dies, dealing with their estate can feel complex and overwhelming. Here you will find information about wills, estates, and probate, and links to guidance to help you understand the steps involved in applying for probate through the High Court.
The flowchart below shows the main steps involved in applying for probate in the High Court for a simple straightforward estate.
When someone dies, there are legal and practical steps to take to manage their affairs. This includes dealing with their property, money and any debts.
What is an estate?
An estate is everything a person owns when they die. This can include:
a house or land
bank accounts and investments
vehicles
household items such as furniture, artwork and personal belongings.
The estate also includes any debts or bills. These must be paid before the remaining property and money is distributed.
What is a Will?
A will is a legal document that sets out what should happen to a person’s estate after they die.
The will usually names an executor. This may be:
a person
a lawyer
an organisation (such as the Public Trust or a trustee company).
The executor is responsible for carrying out the instructions in the will.
If a person dies without a will, they have died intestate. In that case, the law decides how the estate will be distributed. This may not reflect the person’s wishes.
What is probate?
Probate is a court order from the High Court that confirms:
the will is valid
the executor has legal authority to manage the estate.
Without probate, banks, lawyers, and other organisations may not allow access to the deceased person’s property or money.
Probate is not always required. Whether you need to apply depends on the type and value of the person’s assets, and the requirements of the organisation holding them. For smaller estates, it may be possible to deal with assets without going through the High Court.
If there is a will:
If there is a will, the executor may need to apply to the High Court for probate, depending on the type and value of the estate.
Probate gives the executor legal authority to manage and distribute the estate according to the will.
If there is no will:
If there is no will, the person has died intestate. An applicant may apply for letters of administration which is a court order that allows someone to manage the deceased person’s estate. If the application is granted, they are then appointed by the court as an administrator and given the legal authority to manage the estate.
Like an executor, an administrator only has authority to act once the court has issued the relevant order.
Applying for letters of administration is generally more complex. You should consider getting legal advice. This process is not covered in the guidance below.
Applying for probate
The practical guide below explains the probate process in clear, plain language for simple, uncontested estates. It walks you through when probate is required, what it does, and how to apply through the High Court, including the documents you need to prepare and file.
The guide also provides detailed step-by-step instructions, checklists, and examples to help you complete each state of the application, avoid common mistakes, and understand what happens after probate is granted, so you can confidently manage the process from start to finish.
This guide focuses on applying for probate through the High Court. For more general information about managing and distributing a deceased person’s property, see the Community Law Website(external link), which provides helpful guidance on dealing with estates more broadly.
How to get a copy of a will
You may also need to locate or obtain a copy of a will.
Wills become publicly accessible in New Zealand once a probate application is filed in the High Court, allowing anyone to search and request a copy for a fee. Records are typically held by the High Court for up to 25 years before being transferred to Archives New Zealand.
For step-by-step instructions on how to obtain a copy, see the detailed guidelines below.
Fees are fixed (‘prescribed’) by regulation. The fee for probate and letters of administration is $275. You can apply to waive, postpone or refund fees. An application is considered by a registrar or deputy registrar of the court against criteria set out in the fee regulations.
For any questions relating to an application for probate, letters of administration, a search request or fees, please contact the Probate Unit or any of the registrars noted below.
Probate Unit
Street address: Wellington High Court 2 Molesworth Street Wellington 6011
Postal address:
Probate Unit High Court PO Box 1091 Wellington 6140