If you die without a will, your assets will be distributed to your family members according to the provisions set out in the Administration Act 1969.

What happens to your estate? 

• The law determines who gets your property and in what proportions
• The administrator, usually a close relative, distributes the property
• The administrator may also close the deceased's accounts
• If no relatives come forward to make a claim on the estate, the state will go to significant efforts to find family members to inherit the estate
•  However, if there are no relatives found, the estate then goes to the state.

Who gets your property?

The priority order is usually spouse, civil union partner, de facto partner, children, parents, siblings, grandparents, and uncles and aunts. The distribution depends on whether you have a spouse or partner, children, and parents. 

The priority order is: 

• Spouse or partner: Receives the personal belongings, $155,000, and one-third of the estate 
• Children: Receive the remaining two-thirds of the estate, divided equally 
• Parents: Receive one-third of the remainder, split equally 
• Siblings: Receive the entire estate, divided equally 
• Grandparents: Receive half of the estate, with the other half going to the aunts and uncles.

Please be aware that amounts mentioned in this resource can be changed through legislative amendments and new rules and regulations. Always check the current situation.

To find out more click below.

Community Law: Intestacy and distributing the property .

High Court Rules 2016 (as at 1 May 2023) - Subpart 8 - Priorities on intestacy

What happens to your KiwiSaver? 

Your KiwiSaver will be distributed according to the intestacy rules set by the Public Trust NZ .

Distributing assets

The process of distributing assets without a will can be lengthy and expensive. An administrator is usually a close relative who is entitled to benefit from the estate. The administrator is responsible for: 

• Distributing the estate to the beneficiaries
• Closing the deceased's accounts with the bank, power company, telephone company, or subscription services

If the estate is worth less than $15,000, you may not need to apply to the High Court. However, if the estate is worth more than $15,000, the administrator will need to apply to the High Court for a grant of letters of administration.