What is probate in New Zealand, and when do you need it?
By The Afterword Editorial Team · 17 June 2026
If you've been named the executor of someone's will — or you're sorting out the affairs of someone who has died — you'll quickly run into the word "probate." Here's what it means and when it matters.
Probate in one sentence
Probate is the High Court confirming that a will is valid and that the executor has authority to deal with the estate. The document the court issues is called a grant of probate.
Banks and other institutions use it as proof that they can safely hand over the deceased's assets to the executor.
When do you actually need it?
You generally need probate when the person who died owned significant assets in their sole name, such as:
- A house or land owned solely by them (not as joint tenants with a surviving partner).
- Bank accounts or investments above the bank's threshold — often around $15,000, though each institution sets its own.
- Shares or a KiwiSaver balance above the provider's limit.
You often don't need probate when:
- Everything was jointly owned with a surviving partner, and passes automatically by survivorship.
- The estate is small — only modest bank balances and personal belongings.
If you're not sure, the bank or the asset-holder will tell you whether they require a grant before releasing funds.
What does probate cost?
There are two parts:
- The High Court filing fee — a fixed government fee (a little over $200 at the time of writing).
- Legal fees, if you use a lawyer to prepare the application. A straightforward probate is usually a few hundred to a couple of thousand dollars, depending on complexity.
Many executors handle simple estates themselves, but a lawyer is worth it where there's property, a blended family, or any chance of a dispute.
How long does it take?
Once a complete application is filed, the High Court typically issues the grant within a few weeks, though timeframes vary. Gathering the documents and valuations beforehand is usually what takes the longest.
What if there's no will?
If someone dies without a valid will (intestate), there's no executor and no probate. Instead, a close relative applies for letters of administration, and the estate is divided according to the rules in the Administration Act 1969 — not necessarily how the family might have chosen. This is one of the strongest reasons to make a will.
Getting help
Administering an estate can feel daunting, especially while you're grieving. If you'd like a hand understanding what's involved or finding the right support, start with our probate help page.
This article is general information, not legal advice. For advice on a specific estate, talk to a lawyer.
Frequently asked questions
- Do I always need probate?
- No — generally only when the person owned significant assets in their sole name, such as a house or bank balances above the institution's threshold (often around $15,000). Jointly owned assets usually pass automatically to the survivor.
- How much does probate cost in New Zealand?
- A fixed High Court filing fee (a little over $200), plus any legal fees if you use a lawyer. A straightforward probate is usually a few hundred to a couple of thousand dollars.
- How long does probate take?
- Once a complete application is filed, the High Court usually issues the grant within a few weeks. Gathering the documents and valuations beforehand is what tends to take longest.
- What happens if there is no will?
- There is no executor and no probate. A close relative applies for letters of administration, and the estate is divided under the rules in the Administration Act 1969.