Since 24 September 2025, assets of up to $40,000 can usually be released without a grant from the High Court; before that the threshold was $15,000. Any real estate still needs probate, and a lower threshold still applies to some holdings such as company shares and government bonds. The executor's first meeting goes fastest with the original will, the death certificate and a list of what the estate holds and owes, with balances at the date of death.
When probate is needed
A grant of probate confirms the executor's authority to deal with the estate. Banks, KiwiSaver providers and Land Information New Zealand rely on it. The threshold below which an institution can release funds without a grant rose from $15,000 to $40,000 on 24 September 2025, a change made because KiwiSaver balances had pushed most estates over the old figure.
Two limits remain. Real estate always needs probate, whatever its value. And the threshold for certain holdings, including company shares and central or local government bonds, stayed at $15,000. An estate with a house, or with shares above that figure, is applying to the High Court whatever else it holds.
The original will
The court needs the original. The first question for the executor is where it is: in the client's papers, with the firm that drafted it, or with a previous lawyer. If the executor holds only a copy, start the search on day one and write down each firm asked and the answer. A lost original is its own application, and the sooner that is known the better.
What the executor brings
- The original will, or a copy and the name of the firm that holds the original.
- The death certificate.
- A list of assets with balances at the date of death: bank accounts, KiwiSaver, shares, vehicles, and the house with its record of title.
- A list of debts: the mortgage, cards, loans, and the funeral invoice.
- The beneficiaries: names, addresses and relationship to the deceased, as the will describes them.
- Anything that suggests a dispute: a family member left out, a later will mentioned, a promise the deceased is said to have made.
The first weeks
Accounts in the deceased's sole name are usually frozen once the bank is told, so ask early what cannot wait: the funeral, the mortgage, insurance on the house. Order the record of title and ask each institution for a date-of-death balance in the same week. Those balances are what the application and the estate accounts will be built from.
At intake
The first conversation should capture the date of death, where the original will is, and the shape of the estate. The client intake checklist has the estates list to send the executor. An executor who reaches the firm through a Sidqo link uploads the will copy, the certificate and the asset list before the first meeting, and the case file names each document as it arrives.
Questions
Is probate needed for an estate under $40,000?
Usually not for bank accounts and KiwiSaver below that figure, since 24 September 2025. It is still needed for any real estate, and a $15,000 threshold still applies to some holdings such as company shares and government bonds.
What if the executor only has a copy of the will?
Find the original. Ask the firm that drafted the will and any lawyer the deceased used. If it cannot be found, the court can be asked to accept a copy, but that is a separate application and takes time.
Why do banks freeze the account?
Until the executor's authority is confirmed, the bank cannot be sure who is entitled to the money. Payments out stop, which is why the funeral and the mortgage need attention in the first weeks.
Sidqo provides legal information, not legal representation. This guide describes the general position in New Zealand for lawyers; it is not advice on any client's matter. Check the current legislation before relying on a date or a figure.