If the person who died left a will, a solicitor or trustee company will usually ensure it’s valid and that probate is granted. ‘Probate’ means the High Court gives official approval for the instructions in the will to be carried out. Sometimes this process takes time, especially if there are any legal checks or delays.
The will may name one or more people as executors. ‘Executors’ are the individuals legally responsible for carrying out the wishes in the will and managing the person’s personal and financial matters.
If you’ve been named as an executor and it feels too overwhelming to take on, that’s completely okay. A solicitor or trustee company can guide you through the process or take over this responsibility if needed.
Sorting out someone’s affairs can take anywhere from a few months to a year, and there may be some costs involved. Be kind to yourself as you work through it. You don’t need to have all the answers at once.
If there is no will
When someone dies without leaving a will, this is called dying intestate (or intestacy).
If the person has no real estate and their assets are valued at less than $15,000, their estate is considered a small estate. In these cases, the next of kin can usually manage the estate directly.
If the person owns property or has assets worth more than $15,000, then the estate must go through a formal legal process that involves the High Court. This ensures that the estate is administered and distributed according to the law. While these steps can feel overwhelming, support is available to help guide you through the process.
You can find more helpful information and guidance on wills and estates at the New Zealand Government website.
Checklist: Managing a will and estate after someone has died
Here’s a checklist you can use to help you manage the will and/or estate of the person who died.
If there is a will
☐ Contact a solicitor or trustee company to help validate the will
☐ Wait for probate to be granted by the High Court
☐ Identify the executor(s) named in the will
☐ If you are an executor:
☐ Decide whether you feel able to carry out the responsibilities assigned to you
☐ Ask a solicitor or trustee company for guidance or support if it feels overwhelming
☐ Begin managing the person’s financial and personal matters according to the will
☐ Seek advice if you need more assistance
If there is no will (the person was intestate)
☐ If the person had no property and their assets are under $15,000, the whānau or next of kin can usually manage the estate directly
☐ If the person owned property or had more than $15,000 in assets, the estate must go through legal administration, which involves the High Court
☐ Contact a solicitor if you need support with the will and/or estate management application process