Probate in New Zealand: When It's Needed and the $40,000 Threshold

Probate is a High Court order that confirms a will is valid and that the executor named in it has legal authority to deal with the estate. Not every estate needs one, and since 24 September 2025 the threshold below which many banks and other institutions can release funds without a grant has risen from $15,000 to $40,000.

This is general information about New Zealand law, not legal advice. For your own situation, consult a lawyer or your local Community Law centre.

What probate is

Probate is an order from the High Court confirming that a deceased person's will is valid and that the executor named in it has the legal authority to collect in the estate's assets, pay its debts, and distribute what is left according to the will. Where someone dies without a valid will, or without an executor able or willing to act, the High Court instead grants letters of administration, appointing an administrator to do broadly the same job.

When probate is needed

Not every estate needs probate. Whether it is required depends on the type and value of the assets involved and on what the organisation holding them, such as a bank, KiwiSaver provider, or share registry, is prepared to accept without a court order. Since 24 September 2025, many banks and other institutions can release funds from an estate without a grant of probate where the relevant holding falls under a $40,000 threshold set by the Administration Act 1969, an increase from the previous $15,000 threshold that had applied since 2009. This threshold reflects the level at which institutions are legally permitted to release funds without a grant. It is not a guarantee that every institution will do so for every estate under that amount, and the position can still differ between individual banks and providers.

Land always needs probate, regardless of value

The $40,000 threshold does not extend to land. Where the deceased person held land or a house solely in their own name, Land Information New Zealand generally requires a sealed grant of probate, or letters of administration if there is no will, before that land can be formally transmitted to an executor or administrator and then transferred or sold, no matter how small the estate is otherwise. Land held jointly with someone else, for example as a joint tenant with a spouse or partner, generally passes to the surviving owner by survivorship instead, without needing probate.

Shares and government stock: a separate threshold that did not change

Shares, and government stock or bonds, are treated separately from the general small estate rules. The September 2025 change did not raise this threshold, which remains $15,000. A share registry, or a council or government registrar for government stock or bonds, can generally transfer or release a holding up to that amount without a grant, but anything above $15,000 in shares or government stock still generally needs probate or letters of administration.

How to apply for probate

An executor applies for probate to the High Court, generally with the help of a lawyer, though this is not a strict legal requirement. The application fee for probate or letters of administration is $275. Details of what has to be filed, and the process for getting a copy of someone else's will, are set out on the Ministry of Justice's probate guidance.

Related New Zealand wills and estates topics

Probate depends on there being a valid will in the first place. See making a will for the Wills Act 2007 requirements. An enduring power of attorney is a separate document that only operates while a person is alive, not after death. For more on wills, powers of attorney, and estates in New Zealand, see the wills and estates guide.

Frequently Asked Questions

What is the probate threshold in New Zealand?

Since 24 September 2025, the general small estate threshold under the Administration Act 1969 is $40,000, up from $15,000. Below this level, many banks and other institutions can release estate funds without a High Court grant of probate, although this depends on what each institution accepts and does not apply to land or, separately, to larger holdings of shares or government stock.

Does land always need probate in New Zealand?

Land held solely in the deceased person's name generally needs probate, or letters of administration if there is no will, before it can be transmitted and then transferred or sold, regardless of the estate's overall value. Land held jointly with a surviving owner, such as a spouse or partner as joint tenants, generally passes to them by survivorship instead.

Did the threshold for shares also rise to $40,000?

No. The September 2025 change applies to the general small estate threshold under the Administration Act 1969. The separate threshold for shares and government stock or bonds was not changed and remains $15,000.

What happens if someone dies without a will?

The High Court grants letters of administration rather than probate. An administrator, generally a close family member, is appointed to deal with the estate broadly the way an executor would, and the estate is distributed under the statutory intestacy rules rather than a will.

How much does it cost to apply for probate?

The Ministry of Justice's filing fee for an application for probate or letters of administration is $275. This is separate from any fees a lawyer may charge to prepare and file the application.