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🗝️ Being an executor

The executor's guide

Whether you've just been asked, you're named in a Will, or you're acting alongside a co-executor — here's the end-to-end process, and what the role actually involves.

The end-to-end process

From locating the Will to the final distribution — here's every stage of administering an estate in New Zealand.

  1. 1

    Locate the Will and get the death certificate

    Find the original, signed Will and order a death certificate from Births, Deaths and Marriages — you'll need both for almost everything that follows.

  2. 2

    Arrange the funeral

    Follow any funeral wishes recorded in the Will, but don't wait for probate — funeral arrangements can usually go ahead straight away.

  3. 3

    Apply for probate

    For most estates you'll need a Grant of Probate from the NZ High Court, which confirms the Will is valid and gives you legal authority to act.

  4. 4

    Identify, collect and protect the assets

    Track down bank accounts, property, KiwiSaver and insurance, and notify banks, utilities and KiwiSaver providers of the death — most institutions will need probate before releasing anything over $15,000 or any land. Keep everything secure until it's distributed.

  5. 5

    Pay debts, funeral costs and the final tax return

    Debts and expenses are paid from the estate before any gifts, including a final income tax return to Inland Revenue.

  6. 6

    Wait out the claim period

    Family members can bring a claim against the estate for up to 12 months from the grant of probate under the Family Protection Act 1955. Many executors also wait at least 6 months after probate is granted, which is the standard notice period that protects you from creditor claims you didn't know about. It's common practice to let both windows run before distributing.

  7. 7

    Distribute the gifts and residuary estate

    Once debts and the claim period are clear, pass on specific gifts first, then divide what's left — the residuary estate — as the Will directs.

  8. 8

    Keep records for the beneficiaries

    Keep clear accounts of what came in, what went out, and what was distributed, and give beneficiaries a final statement of accounts — they're entitled to see how the estate was administered.

Name your executor

Feeling out of your depth?

You don't have to do this alone. A lawyer or trustee company can act as, or assist, an executor — it costs a fee, but it's paid from the estate and can take the pressure off, especially for larger or more complicated estates.