NZ Free Probate Applications



Frequently Asked Questions


What is this website for?

Welcome to NZ Free Probate Applications. This service helps you prepare an application for grant of probate for free, without needing to pay a lawyer. It is designed for estates that are not complex.

This service is not appropriate for estates where:

  • there is no will or the will cannot be located
  • only a copy of the will can be found (the original version is missing)
  • there is a codicil to the will (a codicil is an 'add on' to an existing will)
  • the will is not the final will made by the deceased
  • the will is not signed and witnessed
  • there are more than 2 executors
  • someone is alleging that the will-maker lacked mental capacity or was subject to undue influence or fraud
  • the will-maker married (or entered into a civil union) after making the will and the will does not say it was made in contemplation of that marriage
  • the estate involves:
    • complex assets or business interests
    • international aspects
    • family tensions or potential disputes

If any of the above factors apply, you should seek the advice of a lawyer.

What documents do I need?

To complete the application, you need:

  • the original, signed will
  • the deceased's full legal name - this must match the deceased's photo ID (passport, driver's licence)
  • the executor's full legal name
How does it work?

This website asks you a series of questions, then uses your answers to prepare the forms required to apply for probate.

Once you have completed the questionnaire and downloaded the forms, you will need to:

  1. Print the forms.
  2. Sign them and fill in some small details in the presence of a lawyer or Justice of the Peace. Our instructions page gives a detailed explanation of how to do this.
  3. Post the forms to the Probate Registry at the High Court in Wellington, and pay the probate filing fee of $269. Fee waivers may be available for those who qualify - this needs to be applied for separately. Refer to this page for instructions.

The High Court will then process your application which typically takes 4-6 weeks. However, the Court may write to you requesting further information. Your application cannot progress until you have provided the Court with this information.

If you have any questions, you can contact us anytime at nzfreeprobate@gmail.com

1
Prepare before you begin
2
Answer the questionnaire
3
Print forms and sign with a lawyer/JP
4
Lodge and pay filing fee