Administering an Estate

Being asked to administer someone's estate is a big responsibility, and it often lands while you're also grieving.

My job is to take as much of the legal and administrative weight off your shoulders as I can, so you can focus on what matters.

Do you need probate?

If the estate owns land, or holds more than $40,000 in total, the High Court will generally need to formally appoint someone as executor or administrator.

If there's a will naming you as executor, we apply for probate of the will — which is basically a fancy legal way of saying "the will is approved."

If there's no will, the process is similar but is called letters of administration, and the Administration Act 1969 sets out who's entitled to administer the estate and how it's divided. This is quite a bit more complicated.

How the process usually runs

  • We meet to talk through the estate and confirm your instructions.

  • We check the property and belongings are protected — insurance is often the first thing to sort, especially if a house will sit empty for a while. Please make sure insurance premiums are paid for all estate assets, and that they'll continue to be paid.

  • I prepare the probate (or letters of administration) documents for you to sign, then file them with the High Court.

  • Timeframes vary a lot with complexity — I'll keep you updated at every stage.

  • Once probate is granted, the executor can start administering the estate (see "Who does the day-to-day administration?" below) 

Who does the day-to-day administration?

Getting probate granted is one job. Calling in assets, dealing with banks, and distributing funds is another — and it's worth deciding early who handles that part.

  • I always handle the probate or letters of administration application itself.

  • Some clients prefer to have someone else — a trustee company or another provider — handle the ongoing administration, while I focus on the legal side.

  • Increasingly, though, families choose to do the administration themselves to save on costs. If that's you, I'm very happy to act as your guide from the sidelines — answering questions and checking things look right — rather than running the process for you.

We can talk through what suits your situation and budget.

Your duties as executor

Legally, the responsibility for administering the estate sits with you. This includes:

  • Securing and protecting estate assets (houses, vehicles, personal items)

  • Notifying banks, insurers, and government agencies of the death

  • Collecting details of assets and debts

  • Paying the estate's debts and any tax owing

  • Keeping clear records of money in and out

  • Treating all beneficiaries fairly, even if there's disagreement between them

  • Distributing what remains once everything else is done

  • One easy one to miss: if a house will sit empty, tell the insurer. Most policies require it, and not doing so can mean a claim gets declined later.

Tax and IRD

The good news first: New Zealand has no inheritance tax, estate duty, or death duty — nothing is owed to IRD simply because someone has died.

There are still a few tax jobs, though:

  • IRD needs to be notified of the death.

  • A final income tax return is usually required for the deceased, covering 1 April to the date of death.

  • The estate itself may need its own tax returns for the period until everything's distributed, and its own IRD number — IRD treats an estate as its own taxpayer.

I generally work alongside an accountant for the tax side — you're welcome to use your own, or I can help arrange one.

A note on timing and claims:

New Zealand law gives certain people a window to make a claim against an estate — for example, a family member who feels they weren't adequately provided for, or a former partner with a relationship property claim.

These generally need to be filed within 12 months of probate being granted (longer for a minor or a dependant with a disability). Because of this, I'll usually recommend waiting a sensible period before final distribution — it protects you personally as executor, as well as the beneficiaries.

What to bring to your first appointment.

If you can, bring these items or send them ahead of time.

You don't need to bring every piece of paper the deceased kept — I do need to check through everything relevant, and sorting the obviously irrelevant stuff out yourself first can save you some cost.

Don't worry if you don't have everything yet — we can build the full picture together.

  • If there is one, or as much detail as you have if there isn't.

  • Once you have one.

    Your funeral director will help with this, but it can't be applied for until after the burial or cremation has taken place.

  • proof of address from within the last six months – All the details of what to bring for this can be found here.

  • Bank accounts, KiwiSaver, life insurance, property, vehicles, shares, business interests.

  • Mortgages, loans, credit cards.

  • Details of anyone who might have a claim on the estate, or who might be hard to locate.

Let’s work together.

Please contact me, Lenny, if you would like to make an appointment or to discuss any of the information on this page.

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