Probate&EstateAdministration
Applications for probate, letters of administration, estate administration, and distribution of assets across New Zealand.
How we can help
When a loved one passes away, dealing with legal and administrative matters can feel overwhelming during an already difficult time. Probate is the legal process of validating a deceased person's will and authorising the executor to administer the estate. If there is no will, an application for letters of administration must be made to the High Court of New Zealand under the Administration Act 1969. At Indus Legal, we handle these applications with care and efficiency so that families in Auckland and across New Zealand can focus on what matters most.
Estate administration involves gathering the deceased's assets, paying debts and liabilities, managing any ongoing matters such as property or business interests, and ultimately distributing the estate to beneficiaries in accordance with the will or the intestacy rules. This process often requires liaising with banks, Land Information New Zealand (LINZ), Inland Revenue (IRD), and other institutions. Our team manages these communications on your behalf, keeping you informed at every step.
We also advise executors and administrators on their legal duties and potential personal liability, including the obligation to wait at least the prescribed notice period before distributing assets. Where estates involve potential claims under the Family Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949, we provide strategic advice on how to manage these risks and, where necessary, represent executors in court proceedings.
What we help with
- Applications for probate in the High Court of New Zealand
- Applications for letters of administration where there is no valid will
- Full estate administration - collecting assets, paying debts, and distributing to beneficiaries
- Liaising with banks, LINZ, IRD, and other institutions on behalf of executors
- Advising executors and administrators on their legal duties and personal liability
- Managing and defending claims under the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949
Frequently asked questions
How long does the probate process take in New Zealand?
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The timeframe varies depending on the complexity of the estate. A straightforward probate application typically takes four to eight weeks from filing to receiving the grant from the High Court. However, the full estate administration - including asset collection, debt payment, and distribution - can take several months to over a year for larger or more complex estates. We provide a realistic timeline based on your specific circumstances at the outset.
Do I need probate if the estate is small?
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Not always. Some banks and institutions will release funds below a certain threshold without requiring a formal grant of probate. However, any estate that includes real property (land or buildings) registered with LINZ will require probate or letters of administration to transfer the title. We assess each estate individually and advise whether a formal application is necessary or whether a simpler process is available.
What is the difference between an executor and an administrator?
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An executor is the person named in a will to carry out the deceased's wishes and administer the estate. An administrator is appointed by the High Court when there is no valid will, or when the named executor is unable or unwilling to act. Both roles carry similar legal responsibilities, including the duty to administer the estate honestly, pay debts, and distribute assets in accordance with the will or the intestacy rules under the Administration Act 1969.
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