Probate Application Form NZ - Complete Guide to Filing

Navigating the Probate Application Process in New Zealand

Applying for probate in New Zealand requires specific documentation and careful attention to detail. This guide walks you through everything you need to know about the probate application form NZ process, helping you avoid common mistakes and delays.

Whether you’re an executor handling an estate for the first time or simply planning ahead, understanding the probate application requirements will make this challenging time more manageable.

Required Documents for Probate Application in NZ

To apply for probate in New Zealand, you’ll need to prepare several key documents:

1. Application for Probate (Form PR 1)

This is the main application form that starts the probate process. It includes:

Details of the deceased
Information about the executor(s)
Details about the will
Estimated value of the estate

2. Affidavit of Executor (Form PR 2)

This sworn statement confirms:

The executor’s identity and right to apply
That the will submitted is the valid last will
Details about the deceased and the estate

3. The Original Will and Any Codicils (i.e. formal amendments to the Will)

The High Court requires:

The original signed will (not a photocopy)
Any codicils (amendments) to the will
An explanation if the original cannot be found

4. Death Certificate

An original or certified copy of the death certificate may be required (not always as this depends on how the death is proved in the executor affidavit).

Step-by-Step Guide to Completing the Probate Application Form NZ

Step 1: Get the Right Forms

Download the forms from the Courts of New Zealand website
Check High Court Rules for guidance on correct format & wording
Make sure you’re using the most current versions

Step 2: Complete the Application for Probate (Form PR 1)

Fill in all sections completely
Use the deceased’s details as recorded in the Will (explain any differences in names or spellings)
List all executors named in the will

Step 3: Prepare the Affidavit of Executor (Form PR 2)

Complete all required information
This document must be sworn or affirmed before an authorised person (solicitor, Justice of the Peace, or Registrar)
The original will must be included (but not attached) as an exhibit to this affidavit

Step 4: Submit to the Probate Registry

Send the complete application at the Probate Registry at the Wellington High Court (all NZ probate applications are centrally processed here)
Pay the filing fee (currently £260)
Provide the original will with your application
Note that fee waivers may be available for those who qualify financially (this must be applied for separately)

Common Mistakes to Avoid on Probate Application Forms

Missing Information

Missing details about the deceased
Failure to include all executors

Inconsistent Information

Name differences between the will and other documents
Date of birth or death inconsistencies
Address variations across documents

Form Execution Errors

Affidavit not properly sworn or affirmed
Missing signatures
Improper witnessing of documents

Will Issues

Submitting a photocopy instead of the original
Missing pages or attachments
Staple holes or marks suggesting pages were removed Affidavit not properly sworn or affirmed
Missing signatures
Improper witnessing of documents

Online Options for Probate Applications in NZ

While the complete probate application process is not fully online in New Zealand, there are digital aspects that can help streamline the process:

What Can Be Done Online

Downloading the application forms
Researching court requirements
Paying filing fees electronically

What Still Requires Paper Submission

The original signed will
Sworn/affirmed affidavits
Original Will

Some law firms offer digital services to help prepare your application, though final submission to the Court still requires physical documents.

Probate Application Costs in New Zealand

The costs associated with applying for probate in NZ include:

Court Fees

Standard application fee: £260
Additional copies of the grant: £30 each
Fee waivers may be available for those who qualify financially (must be applied for separately)

Estimated Legal Fees (If Using a Lawyer)

Simple estates: £1,000 - £2,000
Medium complexity: £2,000 - £3,500
Complex estates: £3,500+

These legal fees typically include preparing all required documents, filing the application, and obtaining the grant of probate. It is advisable to ask for an estimate before proceeding.

Court Fees for Probate Application Processing

After submitting your application, typical processing times are (these can vary):

Initial review: 1-2 weeks
Requisitions (requests for more information): Adds 2-4 weeks if required
Grant issuance: 4-6 weeks from submission if no issues arise

Factors that can extend these timeframes include court backlogs, incomplete applications, or complex estate situations.

What Happens After Submitting Your Probate Application

Court Review Process

The Probate Registry staff at the Wellington High Court checks the application for completeness
The application is reviewed by a registrar
Any issues or questions (“requisitions”) are sent to the applicant
Once satisfied, the registrar approves the application

Receiving the Grant

The formal Grant of Probate document is issued
This legally authorises the executor to administer the estate
Multiple official copies can be requested for dealing with different institutions

Next Steps After Approval

Once probate is granted, the executor must:

Notify banks and financial institutions
Transfer or sell assets as needed
Pay debts and liabilities
Distribute the estate according to the will

DIY vs. Professional Help for Probate Applications

When DIY Might Work

Simple, straightforward estates
Clear, valid will with no complications
Experienced executor with time available
No family disputes or complications

When Professional Help Is Advisable

Complex assets or business interests
International aspects to the estate
Family tensions or potential disputes
Executor unfamiliar with legal processes
Time constraints or stress considerations

Need Help With Your Probate Application?

At Simply Probate, we specialise in making the probate application process as smooth as possible. Our team can:

Prepare all required documentation accurately
Fast, efficient process using automation technology
Ensure applications meet court requirements

This information is current as of May 2025 but is subject to change as court procedures evolve. Always check the Courts of New Zealand website for the most current forms and fee information.