Estate Administration

We can work alongside you and advise you on steps required depending on whether the deceased had a will or in some cases whether the deceased dies without having a valid will, known as dying intestate.

If the deceased has a Will, we can walk you through the process including advise on the role of the Executor and Trustee under the Will. In short, the Executor(s) will need to:

• Arrange to obtain the most recent Will of the deceased.

• Make a list of all beneficiaries to this Will.

• Ascertain what the assets of the estate include.

• Determine whether there are any unpaid debts left by the deceased.

• Close all accounts of the deceased including banks, share registers, KiwiSaver provider, utility providers.

• Arrange for any unpaid tax of the Will holder to be paid.
  

  If the deceased dies intestate your property and possessions are distributed by the Government in accordance with the Administration Act 1969, as you have passed intestate. If there is no Will the closest relative is best placed to apply to the court for an order enabling them to administer the deceased’s estate. This is known as letters of administration.

  In both cases, if the assets of the deceased estate are less than $15,000 then the executor(s)/Administrator(s) can distribute the estate and we can guide you through any requirements in relation to the same.

  If the deceased’s assets are more than $15,000, you will need to obtain probate for the administration of the estate. Probate allows the Executor(s) to administer and distribute the estate pursuant to the Will. To obtain probate, the executor or executors will need to make a Court Application for the Probate of the Will which can take a reasonable period of time to obtain. We can assist you in navigating this process.

  For information as to issues and claims that can arise with Estates, see Estate Issues