The Legal Steps to Take After a Loved One Passes Away in New Zealand

Losing a loved one is an incredibly difficult experience. Amidst the grief and emotional toll, there are also practical and legal responsibilities that must be handled. For many families, figuring out what to do first can feel overwhelming.

Navigating the estate administration process in New Zealand involves a specific set of legal steps. Knowing what to expect can help ease the burden during a stressful time. Here is a clear guide to the legal steps you need to take after a family member passes away.

1. Medical Confirmation and Registering the Death

Before any legal estate work can begin, the death must be formally recorded.

First, a doctor or medical professional must confirm the passing and issue a Medical Certificate of Cause of Death. If the death is unexpected, the police or a coroner may need to be involved.

Next, the death must be registered with Births, Deaths and Marriages. Under New Zealand law, this must happen within three working days of the burial or cremation. If you are using a funeral director, they will typically handle this registration for you and order the official Death Certificate. You will need multiple certified copies of this certificate to close bank accounts and manage the estate later on.

2. Locating the Will

Once the immediate funeral arrangements are underway, the next legal step is finding the deceased person’s will.

The will is a crucial document for two reasons:

• It often contains specific wishes regarding the funeral, burial, or cremation.

• It names the “executor”, which is the person legally responsible for managing the estate.

If you cannot find a copy of the will at their home, check with their lawyer or the law firm that helped them draft it. If no will exists, the person is said to have died “intestate”, and the Administration Act 1969 will dictate who is allowed to manage the estate and who inherits the assets.

3. Getting Court Approval (Probate or Letters of Administration)

In most cases, the executor cannot simply walk into a bank and access the deceased person’s funds. They must first apply to the High Court for legal authority.

• Probate: If there is a valid will, the executor applies for Probate. This is a court order confirming the will is legally valid and giving the executor the power to act.

• Letters of Administration: If there is no will, a close family member must apply for Letters of Administration to be appointed as the estate administrator.

The $40,000 Small Estates Threshold

There is an important exception to this rule. As of 24 September 2025, the New Zealand Government increased the probate threshold from $15,000 to $40,000.

If the deceased person held less than $40,000 in sole-named financial assets at a single institution (like a bank or KiwiSaver provider) and did not own any real estate in their own name, formal High Court approval might not be required. In these smaller estates, the funds can often be released directly to the next of kin or executor. However, if they owned property or if a single account balance exceeds $40,000, applying to the High Court is mandatory.

4. Settling the Estate

Once Probate or Letters of Administration are granted, the executor or administrator can begin the work of settling the estate. This process usually takes anywhere from six to twelve months, depending on the complexity of the assets.

The legal duties during this stage include:

• Closing bank accounts and cancelling subscriptions or memberships.

• Notifying organisations such as Inland Revenue, Work and Income, and the New Zealand Transport Agency.

• Paying any outstanding debts, funeral costs, and final tax bills.

• Selling property or transferring it to the surviving joint owner.

• Distributing the remaining assets to the beneficiaries exactly as outlined in the will (or the Administration Act).

Executors carry significant legal liability. If they distribute funds too early and a creditor makes a claim, the executor could be held personally responsible. Because of this risk, most executors work closely with an estate lawyer to ensure every legal obligation is met.

Seek Professional Guidance

Administering an estate is a complex job that comes at a time when you are least equipped to handle legal paperwork. You do not have to do it alone.

The compassionate team at Senior Law Nelson is experienced in guiding families through every step of the estate administration process. From applying for Probate to handling the final distribution of assets, we are here to lift the legal burden from your shoulders. Contact us today to discuss how we can support your family.