Letters of Administration NZ: How to Apply When There Is No Will

Letters of Administration in New Zealand — What to Do When There Is No Will

What Are Letters of Administration?

Letters of administration serve the same purpose as probate — they give someone the legal authority to collect assets, pay debts, and distribute what remains to the people entitled to receive it. The difference is in the circumstances.

Probate is granted when the deceased left a valid will naming an executor. Letters of administration are granted when that is not the case.

The person who receives the grant is called the “administrator” rather than the “executor,” but the role is broadly similar: manage the estate, deal with the assets, and distribute them according to either the will (if one exists) or the rules of intestacy (if it does not). An administrator fulfils similar duties to an executor — see executor duties in NZ for full details.

When Do You Need Letters of Administration?

There are three main situations:

1. No will at all (intestacy)

The deceased died without leaving a valid will. This is the most common reason for a letters of administration application. The administrator distributes the estate according to the intestacy rules in the Administration Act 1969 — not according to what anyone believes the deceased would have wanted.

2. Will exists, but no executor can act (letters of administration with will annexed)

The deceased left a will, but the executor named in it has died, lacks capacity, cannot be found, or refuses to act. In this case, the court grants “letters of administration with will annexed” — the administrator follows the terms of the will rather than the intestacy rules.

3. Executor died during administration (de bonis non)

The executor obtained probate but died before finishing the administration. Someone else must apply for authority to complete the remaining work. This is relatively uncommon.

For small estates, you may not need a grant at all. See when probate is not required to check whether your situation qualifies for an exemption.

Who Can Apply?

The Administration Act 1969, section 6, sets out a priority order for who may apply for letters of administration. The court prefers applicants higher on the list:

1. Surviving spouse or partner of the deceased
2. Children of the deceased
3. Parents of the deceased
4. Brothers and sisters of the deceased (or their children if a sibling has died)
5. Grandparents of the deceased
6. Aunts and uncles of the deceased
7. Other next of kin
8. The Crown, if no relatives can be found

Public Trust may also be appointed by the court as administrator where no family member at the top of the priority list is willing or able to act. For a comparison of what Public Trust’s administration service involves versus a probate preparation service, see our Public Trust vs Simply Probate guide.

The court has discretion to depart from this order if there is good reason — for example, if the highest-priority person is overseas and a more practical applicant is available in New Zealand.

For letters of administration with will annexed, the court generally gives preference to the beneficiaries named in the will.

What Is the Difference Between Probate and Letters of Administration?

	Probate	Letters of Administration
When it applies	Valid will with a named executor	No will, or will with no executor able to act
Who applies	The executor named in the will	The person with priority under the Administration Act 1969
What the applicant is called	Executor	Administrator
How assets are distributed	According to the will	According to the will (if annexed) or intestacy rules
Court fee	$269	$269
Does the administrator need a bond?	Generally no	The court may require a bond or guarantee

One important difference: administrators may be required to provide a bond or guarantee to the court as security for the proper administration of the estate. This is at the court’s discretion and is more common in larger estates or where there are concerns about the administrator.

When Do You Need Letters of Administration Instead of Probate?

The distinction is straightforward:

• Probate — the deceased left a valid will naming an executor who is willing and able to act. The executor applies for probate. The estate is distributed according to the will.
• Letters of administration on intestacy — the deceased died without a valid will. An administrator (usually the surviving spouse or closest next of kin) applies for letters of administration. The estate is distributed according to the intestacy rules.
• Letters of administration with will annexed — a will exists but no executor is able to act. An administrator applies to manage the estate and follows the terms of the will as far as possible.

You do not get to choose between the three. The circumstances determine which application is appropriate. If you apply for the wrong type, the court will reject the application.

Common situations where letters of administration on intestacy are needed:

• The deceased never made a will
• The deceased made a will but it was not properly witnessed (two witnesses required under New Zealand law) and is therefore invalid
• The will was revoked by a subsequent marriage (this is automatic under NZ law unless the will was made in contemplation of that marriage)

Common situations where letters of administration with will annexed are needed:

• The executor named in the will has died
• The executor is overseas or otherwise unable to act
• The executor refuses to accept the appointment (renounces)
• The executor lacks mental capacity

If the executor simply cannot be located, the court may require evidence of the efforts made to find them before granting letters of administration.

How Much Do Letters of Administration Cost?

Component	Cost
Simply Probate preparation fee	$699 + GST
High Court filing fee	$269
Total	$968 + GST

Traditional law firms charge $2,000–$5,000+ for letters of administration on hourly rates. Simply Probate’s fixed fee covers the full preparation — no hourly billing, no estimates, no surprises.

How does this compare to probate costs? The court filing fee ($269) is the same. However, letters of administration is a more involved process than a simple probate application — additional documentation is required, particularly where renunciations from higher-priority applicants are needed or where the applicant’s relationship to the deceased must be proven with additional evidence. Professional preparation fees for letters of administration are typically higher than for probate. Simply Probate’s probate preparation fee is $699 + GST; letters of administration applications are priced on application — contact us for a quote. For a full cost comparison, see our probate cost guide.

For a full comparison, see our guide to probate costs in New Zealand.

How to Apply for Letters of Administration in NZ

The application is made to the High Court of New Zealand. Here is the process:

Step 1: Determine who should apply. Check the priority order above. If more than one person has equal priority, they can apply jointly or one can apply with the others’ consent.

Step 2: Gather the required documents. You will need:

• The original death certificate
• The original will (if one exists — for letters of administration with will annexed)
• Proof of the applicant’s relationship to the deceased
• A schedule of the deceased’s assets and liabilities
• Any renunciations from higher-priority applicants who do not wish to apply

Step 3: Prepare the court documents. The application requires specific High Court forms:

• Form PR1 — Application for letters of administration. This is the same base form as a probate application, adapted for administration. It sets out the deceased’s details, the applicant’s details, and a summary of the estate.
• Form PR2 — Affidavit of the administrator. A sworn or affirmed statement by the applicant setting out the relevant facts: the relationship to the deceased, the circumstances of the death, and that the deceased died without a valid will (or without an executor able to act).

These forms are prescribed by Part 27 of the High Court Rules 2016 and are set out in the schedules to the Rules themselves, available on the New Zealand Legislation website at legislation.govt.nz. Simply Probate prepares all required forms — contact us for a quote.

Step 4: File at the High Court. You file the completed application at the Probate Registry. The filing fee is $269. Simply Probate prepares all documents ready for filing at the Wellington High Court Probate Registry.

Step 5: Wait for the grant. The court reviews the application. If everything is in order, the grant of letters of administration is typically issued within about two weeks of filing.

Step 6: Administer the estate. Once you have the grant, you have legal authority to deal with the deceased’s assets — close bank accounts, transfer property, pay debts, and distribute the estate.

How Simply Probate Helps

Simply Probate prepares letters of administration applications for a fixed $699 + GST. We handle the entire preparation process remotely — no office visits required.

We prepare all court documents including the application form, supporting affidavit, and statement of assets. You receive a completed application pack with clear instructions for filing at the Wellington High Court Probate Registry.

The only additional cost is the High Court filing fee of $269, paid directly to the court when you file.

How Long Does It Take?

Most letters of administration applications take a similar timeframe to probate:

• Document preparation: 1-2 weeks (depending on how quickly documents are gathered)
• Court processing: Typically 3-4 weeks from receipt of compliant application
• Full estate administration: 6-12 months from death to final distribution

More complex situations — such as difficulty locating next of kin, disputes about who should administer, or large estates — may take longer.

For a full timeline breakdown covering all scenarios, see how long does probate take in NZ.

What Happens to the Estate Without a Will?

When there is no will, the estate is distributed according to the intestacy rules in Part 3 of the Administration Act 1969. In summary:

• If there is a surviving spouse/partner and no children: the spouse/partner receives the entire estate.
• If there is a surviving spouse/partner and children: the spouse/partner receives all personal chattels plus a prescribed amount, with the remainder divided between the spouse/partner and children.
• If there is no spouse/partner: the estate passes to children, then parents, then siblings, then more distant relatives, in a fixed order.

The administrator must follow these rules — they cannot choose how to distribute the estate.

For a detailed breakdown of the intestacy distribution rules, see our intestacy guide.

Frequently Asked Questions

Can I access the deceased’s bank accounts before getting letters of administration?

Generally no. Banks require sight of the grant of letters of administration (or probate) before releasing funds. Some banks may release small amounts for funeral expenses on a case-by-case basis, but this is at the bank’s discretion. Read more about accessing deceased accounts in NZ.

What if the estate is worth less than $40,000?

For estates under $40,000, you may not need to apply to the High Court at all. Some asset holders (banks, insurance companies) will release funds to the next of kin on the basis of a statutory declaration rather than a court order.

What happens if two people both want to be the administrator?

The court follows the priority order in the Administration Act 1969. If two people have equal priority (e.g., two children of the deceased), they can apply jointly, or one eligible applicant can consent to the other acting as sole administrator. If they cannot agree, the matter may become contested — the court will decide based on who is best placed to administer the estate. Learn more about contesting a will in NZ.

Is letters of administration the same as probate?

No. Probate confirms the authority of an executor named in a will. Letters of administration appoints an administrator when there is no will or no executor available. The practical effect is similar — both give legal authority to manage the estate — but the legal basis is different.

How much does a lawyer charge for letters of administration in NZ?

Traditional law firms typically charge $2,000–$5,000+ for letters of administration, often on an hourly basis. Simply Probate prepares the complete application for a fixed $699 + GST — contact us for details.

Do I need letters of administration if the estate is small?

Not always. Some banks and institutions will release funds below their own internal thresholds (typically $15,000–$30,000) without requiring a court grant. Check directly with each institution. For property transfers via Land Information New Zealand, a grant is always required regardless of value.

What are letters of administration with will annexed?

Letters of administration with will annexed applies when a will exists but no executor is able or willing to act. The administrator is appointed by the court and must follow the terms of the will as far as possible, rather than the intestacy rules.

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.