Intestacy in NZ: What Happens When Someone Dies Without a Will
Quick answer: When someone dies without a valid will in New Zealand, they have died "intestate." Their estate is distributed according to a fixed formula in the Administration Act 1969 — not according to what anyone believes the deceased would have wanted. The surviving spouse or partner is first in the priority order. To manage the estate, someone must apply for letters of administration from the High Court ($269 filing fee). Simply Probate prepares letters of administration applications — contact us for a quote.
What Is Intestacy?
Intestacy means dying without a valid will. In New Zealand, when someone dies intestate, the law — not the deceased’s family or friends — decides who inherits the estate and in what proportions.
The rules are set out in Part 3 of the Administration Act 1969. They apply automatically. There is no room for discretion, negotiation, or family agreement about who should receive what. The formula is fixed.
Intestacy can also arise when a will exists but is invalid — for example, if it was not properly witnessed, if the person lacked testamentary capacity when they signed it, or if the will has been revoked (including by a subsequent marriage, which automatically revokes a prior will in New Zealand unless the will was made in contemplation of that marriage).
What Happens When Someone Dies Without a Will in NZ?
If someone dies intestate, the following process applies:
1. Someone must apply for letters of administration
Unlike probate (which confirms an executor named in a will), intestacy requires an application for letters of administration. This is a court order authorising an “administrator” to manage the estate. The application is filed at the Probate Registry at the Wellington High Court. The filing fee is $269.
2. The court appoints an administrator
The court follows a priority order set out in section 6 of the Administration Act 1969 when deciding who may be appointed as administrator (see “Who Can Apply?” below).
3. The administrator manages the estate
The administrator’s duties are broadly the same as an executor’s — identify assets, pay debts, and distribute what remains. The key difference is that distribution follows the statutory formula rather than a will. For the full list of duties, see executor duties in NZ.
4. The estate is distributed according to the Act
The distribution follows the rules set out below. The administrator has no discretion to vary them.
Who Can Apply for Letters of Administration?
The Administration Act 1969 (section 6) sets out a priority order. The court prefers applicants higher on the list:
- Surviving spouse or civil union partner, or de facto partner
- Children of the deceased
- Parents of the deceased
- Brothers and sisters of the deceased (or their children, if a sibling has died)
- Grandparents of the deceased
- Aunts and uncles of the deceased (or their children)
- The Crown, if no relatives can be found
If more than one person has equal priority (for example, two children), they can apply jointly or one can apply with the consent of the others. If they cannot agree, the court decides.
Public Trust may also be appointed where no family member is willing or able to act.
For the full application process, see our letters of administration guide.
Intestacy Distribution Rules: Who Inherits What?
The Administration Act 1969 prescribes a fixed formula based on which family members survive the deceased. The current statutory legacy amount is $155,000.
Scenario 1: Spouse or partner, no children, no parents
The spouse or partner inherits the entire estate.
Scenario 2: Spouse or partner and children
| Share | Recipient |
|---|---|
| All personal chattels (household contents, car, personal effects) | Spouse or partner |
| Statutory legacy of $155,000 (plus interest from date of death) | Spouse or partner |
| One-third of the remaining estate | Spouse or partner |
| Two-thirds of the remaining estate, divided equally | Children |
If a child has died before the deceased but left children of their own (the deceased’s grandchildren), those grandchildren take their parent’s share equally between them.
Scenario 3: Spouse or partner and parents, no children
| Share | Recipient |
|---|---|
| All personal chattels | Spouse or partner |
| Statutory legacy of $155,000 (plus interest from date of death) | Spouse or partner |
| Two-thirds of the remaining estate | Spouse or partner |
| One-third of the remaining estate | Parent(s), equally if both survive |
Scenario 4: Children only, no spouse or partner
The entire estate is divided equally among the children. If a child has predeceased, their share passes to their own children (the deceased’s grandchildren).
Scenario 5: Parents only, no spouse or partner or children
The parents inherit the entire estate in equal shares. If only one parent survives, that parent receives the whole estate.
Scenario 6: No spouse, children, or parents
The estate passes to the following relatives, in strict order of priority. If anyone in a higher category survives, those in lower categories receive nothing:
- Brothers and sisters (equally), with the children of a deceased sibling taking their parent’s share
- Grandparents (equally)
- Aunts and uncles (equally), with their children taking a deceased aunt’s or uncle’s share
- First cousins (if aunts and uncles are all deceased)
Scenario 7: No known relatives
If no relatives can be found after reasonable searches, the estate passes to the Crown (the New Zealand government) as “bona vacantia.”
Key Points About the Intestacy Rules
De facto partners are included. The Property (Relationships) Act 1976 extends rights to de facto partners who have lived together for three years or more. A de facto partner has the same entitlement as a married spouse under the intestacy rules.
The $155,000 statutory legacy is a fixed amount. It is set by regulation and may be adjusted over time. Interest accrues on the statutory legacy from the date of death until payment.
“Personal chattels” includes most household items. The term covers furniture, vehicles, boats, jewellery, clothing, and other personal effects — but not money, investments, or real property.
Children includes adopted children. Legally adopted children have the same rights as biological children under the intestacy rules. Stepchildren who have not been legally adopted do not have automatic entitlement.
The rules cannot be varied by family agreement. Even if all family members agree on a different distribution, the administrator is legally required to follow the statutory formula. Any variation would need to be formalised through a deed of family arrangement — a separate legal step.
Intestacy vs Having a Will: What Changes?
| With a will | Without a will (intestacy) | |
|---|---|---|
| Who decides distribution | The deceased, through the will | The Administration Act 1969 |
| Who manages the estate | Executor named in the will | Administrator appointed by the court |
| Court application | Probate | Letters of administration |
| Can you choose guardians for children? | Yes | No — the court decides if necessary |
| Can you make specific gifts? | Yes (e.g., “my watch to my nephew”) | No — everything follows the formula |
| Can you exclude someone? | Yes (subject to Family Protection Act claims) | No — the statutory order is fixed |
| Can you include friends or charities? | Yes | No — only relatives in the statutory order can inherit |
| Cost | $269 filing + legal fees | $269 filing + legal fees (typically slightly higher due to additional documentation) |
The intestacy rules are a blunt instrument. They do not account for family dynamics, estrangements, contributions to the household, or the deceased’s actual wishes. The only way to control who inherits is to make a valid will.
What About the Family Home?
If the deceased owned the family home as a joint tenant with their spouse or partner, the property passes automatically to the survivor by right of survivorship. It does not form part of the estate and the intestacy rules do not apply to it.
If the deceased owned the family home as a tenant in common, their share forms part of the estate and is distributed according to the intestacy formula. This can create difficulties — the surviving partner may receive only a portion of the home’s value, particularly if there are children from a previous relationship.
If the property was in the deceased’s sole name, it forms part of the estate in its entirety.
The distinction between joint tenancy and tenancy in common is critical. It is recorded on the property title and should be checked. See joint property and probate for a full explanation.
Relationship Property Claims
Intestacy does not override the Property (Relationships) Act 1976 (PRA). A surviving spouse or de facto partner (of three years or more) may elect to claim under the PRA instead of — or in addition to — the intestacy rules.
Under the PRA, relationship property (which generally includes the family home, family chattels, and any property acquired during the relationship) is divided equally between the partners. A PRA claim can result in a significantly different outcome from the intestacy formula, particularly for longer relationships with substantial shared property.
This is a complex area that depends on the specific circumstances. Legal advice is recommended if a PRA claim is being considered.
How Much Does Intestacy Administration Cost?
The costs are similar to probate:
| Component | Cost |
|---|---|
| High Court filing fee (letters of administration) | $269 |
| Simply Probate preparation fee | POA |
| Traditional law firm | $2,000–$5,000+ |
Letters of administration applications are slightly more complex than probate because there is no will to reference and additional documentation is required (proof of the applicant’s relationship to the deceased, renunciations from higher-priority applicants). However, the court fee is identical.
For a full cost breakdown, see our probate cost guide.
Frequently Asked Questions
What does intestate mean in NZ?
Intestate means dying without a valid will. When someone dies intestate in New Zealand, their estate is distributed according to a fixed formula in the Administration Act 1969. The family does not get to choose how the estate is divided.
Who inherits if there is no will in NZ?
The surviving spouse or partner is first in the priority order. If there is a spouse and children, the spouse receives personal chattels, a statutory legacy of $155,000 (plus interest), and one-third of the remainder. The children share the other two-thirds equally. If there is no spouse, children inherit everything. The full hierarchy is set out in the Administration Act 1969.
What happens if someone dies without a will in New Zealand?
Someone — usually the surviving spouse or closest next of kin — must apply to the High Court for letters of administration. This gives them legal authority to manage the estate. The estate is then distributed according to the intestacy rules, not according to what anyone believes the deceased would have wanted.
Do de facto partners inherit under intestacy in NZ?
Yes. De facto partners who have lived together for three years or more have the same entitlements as married spouses under the intestacy rules. They may also have additional rights under the Property (Relationships) Act 1976.
Can I change the intestacy distribution if the family agrees?
The administrator is legally required to follow the statutory formula. Even if all family members agree on a different distribution, it must be formalised through a deed of family arrangement — a separate legal step that should be prepared with legal advice.
How long does intestacy administration take?
The letters of administration application typically takes 2–4 weeks for court processing, assuming no queries arise (slightly longer than probate, which is typically 1–2 weeks). The full estate administration can take 6–12 months depending on the complexity of the estate. See our timeline guide.
Need Help With an Intestate Estate?
If someone has died without a will, Simply Probate prepares letters of administration applications with NZ lawyer oversight. Contact us for a quote.
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Simply Probate is a probate application preparation service. We do not provide tax advice. Tax obligations arising from a deceased estate should be discussed with an accountant or tax advisor.