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Probate is the process of proving the validity of a will in court and obtaining an order from the High Court allowing the executor(s) to deal with the assets of the deceased person according to the terms of the will. If the deceased person did not leave a will, the process is called “Letters of Administration,” which is a similar process that allows the court to appoint an administrator to manage the estate.

In New Zealand, probate is required when the value of the deceased person’s assets is over a certain threshold (currently $15,000), or if the deceased person owned property such as a house, land, or shares. The probate process can seem complex and confusing, especially for those who are grieving the loss of a loved one, but it doesn’t have to be overwhelming.

To begin the probate process in New Zealand, you will need to fill out an application form, sign an affidavit and provide the original will (if there is one). You will also need to pay a fee of $200 to the court.

Once the application has been submitted, it will be reviewed by the court, which may request additional information or documents if necessary. If the court is satisfied that the will is valid and that the executor(s) are competent to manage the estate, it will issue a grant of probate, which is a legal document that gives the executor(s) the authority to manage the estate.

The executor(s) will then need to collect and value the assets of the estate, pay any debts and taxes owed by the estate, and distribute the remaining assets to the beneficiaries according to the terms of the will. This can be a complex and time-consuming process, especially if the deceased person had multiple assets or debts, or if there are disputes among the beneficiaries.

Fortunately, there are lawyers who specialize in probate and estate administration who can help guide you through the process and ensure that everything is done correctly and efficiently. At Caring Estates, we understand how overwhelming it can be to deal with the aftermath of a loved one’s passing, which is why we offer fixed fees, clear processes, and complete transparency to our clients. Our compassionate and experienced team is here to provide the support and guidance you need during this difficult time.