If you’ve recently lost a loved one, you’ve probably heard the word probate thrown around. At Regent Law, we’re often asked: “What even is probate?” and “Why does it take six months?”
Let’s clear things up.
What Is Probate?
Probate is the legal process where the High Court confirms that a person’s Will is valid and officially appoints the executor named in the Will. This is done by issuing a document called a Grant of Probate.
The Grant of Probate gives the executor the legal authority to:
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Sell or transfer property
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Close bank accounts
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Pay debts and taxes
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Distribute the estate according to the Will
Until probate is granted, most institutions (like banks or Land Information New Zealand) won’t release or transfer any of the deceased’s assets.
So, What’s With the “6 Months” Thing?
We often hear people say “Probate takes six months.” That’s not quite accurate.
The process of obtaining probate is usually much quicker—often within a few weeks once the application is filed. However, executors are generally advised not to distribute the estate for at least 6 months after probate is granted.
Why? Because during that time, someone could make a claim against the estate—such as a family protection claim or testamentary promise claim. If an executor distributes the estate too soon and a claim arises later, they could be personally liable.
This six-month window is part of what’s often referred to as the “executor’s year”—a period where executors are allowed time to gather information, deal with debts and taxes, and manage any potential risks before distributing assets to beneficiaries.
What If There’s No Will?
If the person who passed away didn’t leave a Will, the process is called applying for Letters of Administration rather than probate. The end result is similar—the court appoints someone to manage the estate—but the rules around who can apply and how the estate is divided are different.
Need Help with Probate or Estate Administration?
At Regent Law, we guide executors and families through the probate process with clarity and compassion. Whether you’re applying for probate, navigating a complex estate, or just want to understand your responsibilities, we’re here to help.
Contact us today to book a free 15-minute consultation or get started with our full-service or guided DIY estate administration options.
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