Administering an estate after losing someone close can feel heavy. We guide executors and family through the High Court probate process and estate distribution with clear steps, careful communication and no unnecessary delay. Based in Wellington, acting NZ-wide and for overseas clients.
Steady guidance for executors and family
Probate and letters of administration
We prepare and file the application with the High Court of New Zealand, respond to any Court requisitions, and obtain the grant of probate or letters of administration. If there is no Will, we guide whānau through the intestacy rules under the Administration Act 1969.
Estate distribution
We coordinate asset collection, creditor and tax clearance with Inland Revenue, estate accounting, and distribution to beneficiaries. Where estates involve trusts, business interests or overseas assets, we draw on our Trusts and Corporate teams to keep things moving.
Probate doesn't need to be overwhelming. We handle the Court paperwork, keep beneficiaries informed at the right moments, and move the estate along steadily so you can focus on family rather than filings.
Who we help
Executors named in a Will
Family applying for letters of administration where there is no Will (intestacy)
Trustees managing testamentary or estate trusts
Overseas executors and beneficiaries of NZ estates
What's included
High Court probate or letters of administration applications, executor affidavits and Court correspondence
Asset identification — bank accounts, shares, property, KiwiSaver and life insurance
Debt and tax clearance — creditor notices, final IRD returns and estate tax filings
Distribution and estate accounts — beneficiary statements, asset transfers and final reports
How it works
1. Initial meeting
Share the Will (if there is one), the death certificate and a brief list of assets. We confirm next steps, likely timeframes and indicative costs.
2. Probate application
We prepare and file the High Court application with the executor's affidavit and the original Will, and handle any Court requisitions until the grant is sealed.
3. Asset collection and clearance
Once probate is granted, we call in assets, notify creditors, settle debts, and complete final tax returns with Inland Revenue. You receive regular progress updates throughout.
4. Distribution and wrap-up
We transfer assets to beneficiaries, prepare estate accounts, and confirm every step is closed off. The estate is finalised cleanly and the file properly archived.
Frequently Asked Questions
Q: When is probate actually required in New Zealand?
A: Probate is generally needed when an estate holds assets above the small-estates threshold (currently $15,000 with most institutions), or when real estate is held solely in the deceased's name. For very small estates, banks and KiwiSaver providers may release funds without a grant. We confirm what's required at the first meeting.
Q: How long does probate take?
A: A straightforward grant typically issues within four to eight weeks of filing, depending on High Court workload. Full estate administration — collecting assets, paying debts and distributing to beneficiaries — usually runs six to twelve months. Estates with property sales, overseas assets or contested issues take longer.
Q: What happens if there is no Will?
A: The estate is distributed under the intestacy rules in the Administration Act 1969 — typically to a surviving spouse, civil-union or de facto partner, and children. A family member applies to the High Court for letters of administration before the estate can be dealt with. We guide whānau through the process.
Q: Can someone challenge a Will?
A: Yes. Claims can be brought under the Family Protection Act 1955, the Property (Relationships) Act 1976 or the Law Reform (Testamentary Promises) Act 1949, generally within 12 months of the grant of probate. Executors should hold off on final distribution until that window closes or claims are resolved.
Q: We're overseas — can you still act for us?
A: Yes. We regularly act for executors and beneficiaries based outside New Zealand. We handle the High Court process, NZ asset realisation and distribution remotely, with secure document signing and clear communication across time zones.
Q: What does an executor actually have to do?
A: Apply for probate, identify and protect assets, pay debts and tax, keep beneficiaries informed, and distribute the estate in line with the Will and the law. It's a fiduciary role with real obligations — but you don't do it alone. We carry the legal and administrative load alongside you.
We also assist with Trusts, Wills and Life Planning.
Need help administering an estate? Share where you're at in the process — we'll confirm next steps, likely timeframes and indicative costs.
The Team
probate and estate administration
Richard Allen
Partner
Richard leads the firm’s property and private client teams. He has previously run his own practice and worked for one of the largest firms in New Zealand. Richard’s specialises in trusts, asset protection, and life planning. Richard’s clients appreciate the fact that he is approachable and down-to-earth, delivering pragmatic solutions to his client’s legal problems.
More about Richard Allen
Supported by
Amelia Lewis
&
Katarina Anica Becic
Shiree MacKay
Senior Registered Legal Executive
Shiree is the firm’s expert in estates, wills and elder law, having 35 years’ experience practicing in that area. Shiree also advises on conveyancing matter, retirement villages, Enduring Powers of Attorney and Relationship property Advice. Shiree excels at making complex legal matters easy to understand.
More about Shiree MacKay
Supported by
Amelia Lewis
&
Katarina Anica Becic