Instructions: How to File for Probate

  1. Download and print the forms created after you complete your application. If you cannot see the file, check your 'Downloads' tab.
  2. Contact a local lawyer or Justice of the Peace (JP) and organise a time to visit them to sign and swear the documents in their presence. Note: a lawyer may charge a fee for this service, but a JP will not. You can look up a JP local to you here: https://jpauckland.org.nz/locate-jp/
  3. With the lawyer or JP, sign and swear the forms. The exact details you need to complete are:
    • (a) For the document titled "Application without notice for obtaining grant of probate", go to the last page (usually this will be page 3). In the presence of the JP or lawyer, the executor(s) should write their names, signatures and details in pen. In the field that says "this application is filed by", you should write your own name.
    • (b) For the document titled "Affidavit for obtaining grant of probate", go to the last page (this will usually be page 6). In the presence of the JP or lawyer, the executor(s) should sign on the bold lines beneath their names. The lawyer or JP should write the location where the documents are being signed, and add their signature and stamp (if they have one). They should cross out one of the options in the final line, so it is clear to the reader if they are a JP or a lawyer.
    • (c) For the document titled "Exhibit notes", the JP or lawyer should write in the location of signing and that day's date (NOT the date of the will) in the fields provided. They should then sign on the bold line and cross out one of the options in the final line, so it is clear to the reader if they are a JP or a lawyer.
    • (d) That is all. The document titled "Probate in common form" does NOT require any signing from you or the JP/lawyer. Do not make any further changes to the documents unless advised to by a lawyer. Adding unnecessary elements may result in your application being delayed by the courts.
  4. Pay the court filing fee of $269. You can do so using this NZ courts website: https://www.courtsofnz.govt.nz/file-and-pay Start the process by scrolling to the bottom and completing the online form. This will take you to a second page. This screenshot shows you which options you need to select on the second page. From there, completing the rest of the form is straight-forward.
  5. Collect all the signed documents and original will. Place them together in a secure envelope and mail them to this address:
    Probate Unit
    High Court
    PO Box 1091
    Wellington 6140
  6. You may receive a request from the courts to provide further information. You need to provide this if asked, otherwise your application will not progress.
  7. You will receive signed probate confirmation from the courts, typically within 4-6 weeks after filing.