The legal process for appointing a personal representative in Aotearoa New Zealand depends on whether or not the deceased person left a will.

Will exists

The person who wrote the will, called the testator, appoints an executor to carry out the instructions in the will. The High Court confirms the executor's authority with a grant of probate. 

Will does not exist

The deceased person's next of kin or another beneficiary applies to the High Court for letters of administration to be appointed as the administrator. The administrator's role is to settle the estate and distribute the deceased person's property. 

The High Court will usually appoint the deceased person's closest relative as the administrator, unless they decline the role. The applicant must provide evidence that all other close relatives have been informed of the application or have agreed to it. 

The application process involves preparing formal documents, which a lawyer can help with. The High Court usually takes 6–8 weeks to process the application, but it can take longer depending on the complexity of the case. 

A personal representative in Aotearoa New Zealand law must be formally appointed by the court in certain circumstances: 

Executor or administrator

If the estate is worth more than $15,000, the executor or administrator must apply to the court for approval to deal with the property. This is done by getting ‘probate’ if there's a will, or ‘letters of administration’ if there isn't. 

Administrator

The court will usually appoint the deceased person's next of kin as the administrator. The applicant must provide evidence that everyone who is equally close to the deceased has agreed to or been told about the application. 

Testamentary guardian

If a parent names a guardian in their will, the testamentary guardian will automatically become a guardian if the parent dies. If the parent wasn't a guardian at the time of their death, the testamentary guardian can apply to the court to be appointed. 

Probate

The High Court typically takes 6–8 weeks to process an application for probate or letters of administration. There is a fee for probate and letters of administration, but it may be possible to waive, postpone, or refund the fee.