Legal & financial
Once the immediate tasks are handled, the legal and financial work begins. This stage involves applying for probate if required, notifying government agencies, and starting to build a picture of what the estate is worth.
General guidance only — not legal or financial advice. Every estate is different. Consult a professional for your specific situation.
Do you need probate?
Probate is the court's formal recognition that a will is valid and that the executor has authority to act. In New Zealand, probate is generally required when the estate includes property, or when financial institutions require it (most banks require probate for accounts over approximately $15,000, though this threshold varies). If the estate is very small and has no property, you may not need probate — but check with each institution individually. A probate lawyer can advise you quickly on whether it's required.
Applying for probate
Probate is applied for through the High Court of New Zealand. The process involves filing the original will, a sworn affidavit from the executor, and paying a court filing fee based on the estate's value. A probate lawyer will handle this for you. Processing typically takes 4–8 weeks, though it can take longer if the will is contested or the estate is complex.
Notify government agencies
You must notify IRD of the death and register as the estate's administrator for tax purposes. Also notify Work and Income (to stop any benefit payments), ACC, and any other agencies paying regular amounts to the deceased. Overpayments become a debt of the estate.
Notify banks and financial institutions
Contact all banks, KiwiSaver providers, investment platforms, and insurance companies. Provide a death certificate and, once available, a copy of probate or letters of administration. Most institutions will freeze the account until probate is granted. Make a list of all accounts and their balances — you will need this for the estate accounts later.
Commission valuations
You will need formal valuations of the estate's assets to apply for probate and to ensure fair distribution. This includes real property (a registered valuation), vehicles, and any significant personal property. Valuations should be dated as close to the date of death as possible.
Checklist — Legal & financial
- Determine whether probate is required
- Engage a probate lawyer if needed
- Notify IRD and register as estate administrator
- Notify Work and Income, ACC, and other agencies
- Contact all banks and financial institutions
- Commission property and asset valuations
- Notify life insurance providers and make any claims
- Forward or redirect mail to your address
Who can help at this stage
EstateCompass lists verified NZ providers who specialise in this area.