What to Do When a Loved One Passes Away: Estate Administration in New Zealand

Losing a loved one is difficult, and dealing with their estate can feel overwhelming. The good news is that not every estate requires complex legal processes like probate or letters of administration. Understanding whether you need to go through this process can save you time, money, and unnecessary stress.

When Do You Need Probate or Letters of Administration?

If your loved one had $15,000 or more in a single account—such as a bank account, Kiwisaver, or investments—or owned real estate in their sole name or as tenants in common, then the estate will require probate (if they had a Will) or letters of administration (if they didn’t have a Will). This legal process gives someone the authority to deal with the estate, pay any debts, and distribute the remaining assets.

When You Don’t Need Probate

If the estate is relatively simple, probate may not be necessary. You won’t need to apply for probate if your loved one:

• Had less than $15,000 in any one account (bank, Kiwisaver, or investments).
• Only jointly owned property (such as a house owned as joint tenants with a spouse or partner).
• Only had joint bank accounts or jointly owned investments (because the joint owner automatically becomes entitled to own that property, regardless of what the Will says).

What Happens with Jointly Owned Assets?

For jointly owned bank accounts or investment accounts, the surviving owner can usually access the funds by providing a death certificate to the bank or investment provider. You don’t need probate or a lawyer for this process—though a lawyer can assist if you’re unsure about the paperwork.

If real estate was jointly owned, a lawyer will need to complete a process called transmission by survivorship to transfer the property fully into the surviving owner’s name. This is straightforward and doesn’t require probate or letters of administration.

How We Can Help

At Regent Law, we believe in giving you the information you need to make smart decisions. Some law firms might push you towards expensive legal services you don’t actually need. But we’re different. If you don’t need probate, we’ll tell you! And if you do, we offer a Fixed Price Probate service for straightforward applications — providing peace of mind with clear, upfront pricing and a hassle-free process.

Need guidance? Get in touch today to learn whether probate is necessary and how we can help you navigate the process as smoothly as possible.