How do you apply to be an Administrator?

To apply to be an administrator of an estate under the Administration Act 1969, you or your estate lawyer must: 

  • Gather information about the estate's assets and liabilities
  • File an application with the High Court
  • Provide an affidavit
  • Wait for the High Court to approve the Grant of Administration
  • Receive a sealed order from the High Court

The Administration Act 1969 regulates the administration of trusts and wills in Aotearoa NZ. It sets out who can apply to be an administrator, and how the estate should be distributed. The act also establishes a priority order for who can apply to be the administrator. 

Typically, a family member applies to be the administrator. The applicant must provide evidence to the court that everyone who is equally close to the deceased has been told about the application or has agreed to it. 

The basic order of priority for distributing the estate is: 

  1. Spouse, civil union partner, or de facto partner
  2. Children
  3. Parents.