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We are very sorry for your loss, we know it’s a difficult time.

Here are the steps in applying for Letters of Administration:

Step One:

Search for a will. Look through all loved one’s papers. We also recommend advertising through the Law Society to be sure there is no will being held by a law firm. NZLS | Will notices (lawsociety.org.nz)

Step Two:

Establish what assets and liabilities the estate consists of.

Step Three:

If the estate assets are less than $15,000 then your loved one’s closest next of kin can administer the estate without requiring a grant from the court.  They should be able to deal with banks etc by providing a copy of the Will, Death Certificate, your ID and proof of address.

If your loved one has assets over $15,000, an application will need to be made to the court for letters of administration to be able to administer the estate.  Your loved one’s closest next of kin must make the application.  The first priority is to the spouse/de facto partner, then a child, then a parent, then a sibling.

Step Four

Request a parental search from Internal Affairs confirming that there were no others entitled to be included in the estate administration for loved one. They will require a copy of the Death Certificate and charge a fee of $35.70.  It can take up to 4 weeks (sometimes longer) for the parental search to be completed.  Caring Estates will request the search.

In special circumstances, a parental search can be waived.  We will talk to you further about whether you will be able to get this waived.

Step Five

Spouse/de facto partner: Notice of Choice

If the spouse/de facto partner is making the application, they will need to lodge a notice of choice confirming that they choose to obtain what they are entitled to under the Administration Act and not under relationship property law. Caring Estates will talk to you about your options and help you to make the right choice.

Consents

If the spouse/de facto partner is NOT making the application, then the applicant will need consent from all those with higher or equal priority to apply.  For example, if a child of the deceased is applying, they will need consent from all the deceased’s other biological children.

Step Six

The applicant signs an affidavit confirming that they:

  1. are entitled to apply for Letters of Administration;
  2. have searched for a Will and there isn’t one; and
  3. have completed a paternity search; and
  4. have consents from those with equal or higher priority (not required if the spouse/de facto partner is applying).

The applicant may sign the affidavit at the office of Caring Estates or we can courier the documents to the applicant for signing in front of a JP.  We will then provide a courier pack to send the signed documents back.

Step Seven

We file an application to the High Court. There are several documents that need to be drafted which we will take care of. The High Court charges a fee of $260 which can be waived if you receive a WINZ benefit or pension.  It can take up to 12 weeks for the application to be processed through the court.

Step Eight

Once letters of administration is granted, bring in all the assets and then pay all debts. You will need to notify all organisations who loved one had business or personal dealings with, such as banks, insurance companies, etc. We can assist you with this, if needed.

Step Nine

If there is a land/house, then this will be transmitted to the surviving joint owner.  If the land/house is not owned jointly, then the property will be registered to the executor and then it can either be sold or transferred to the beneficiaries under the Administration Act 1969.

Step Ten

Once all bills are paid (including reimbursement for funeral and/or legal fees), the estate assets can be distributed in accordance with the Administration Act. We usually recommend waiting 6 months from the date that letters of administration is granted before distributing to protect the administrator from any personal liability. We can discuss this with you further.

Distribution of funds under the Administration Act:

  1. $155,000 to spouse/de facto partner;
  2. 1/3rd balance to spouse/de facto partner; and
  3. Balance to the children in equal shares.

If there is no spouse/de facto partner, then the estate assets (after debts are paid) go to the children in equal shares.  If there is no spouse/de facto partner and no children, then the estate assets go to the parents in equal shares.  If there are no living parents, then to the siblings in equal shares.

Caring Estates’ Fees

Fee for obtaining Letters of Administration is $1,500 plus GST and $260 High Court fee (unless the High Court fee is waived), $35.70 parental search fee (if required), and courier fees, if paid up front.

There are extra fees if paying later and/or to assist with the estate administration such as obtaining funds, paying debts, and distributing to the beneficiaries.  These are fixed fees and depend on how much assistance you require.  After discussing your needs, Caring Estates will give you a clear fee.

To get the ball rolling, please email the following to hayley@caringestates.co.nz:

  1. The applicant’s contact details (phone number and email address).
  2. What is the applicant’s relationship to the deceased?
  3. The applicant’s occupation.
  4. The applicant’s ID.  Passport is best but if you are unable to provide a current passport, then a driver’s licence (front and back) and a secondary ID.
  5. The applicant’s proof of address dated less than 6 months such as utility bill, rates bill, insurance policy, car registration demand, IRD tax notice with your name and address.
  6. If the spouse/de facto partner is applying, please provide their marriage certificate.
  7. If a child of the deceased is applying, please provide their birth certificate.
  8. The deceased’s ID.
  9. Death certificate.
  10. Full names, occupations, and addresses of the deceased’s biological and adopted children.
  11. Have you done a will search?
  12. If the applicant was not married to the deceased, was the deceased previously married?  If so, is that previous spouse still alive?  Is so, was the deceased divorced?  If so, please provide a copy of the order of dissolution of marriage (divorce certificate).  If you don’t have a copy we will discuss alternative options.

You may email scanned copies or photos in the first instance and obtain certified copies when you meet with Caring Estates or the JP for signing the documents.

Caring Estates will begin preparing the documents immediately after receiving the necessary information and will keep in regular contact with you throughout the process.