Who can apply to be an administrator?


The Administration Act 1969 of New Zealand governs who can apply to be an administrator of an estate for a deceased person without a will.

• Order of priority

The surviving spouse or civil union partner, then children, parents, siblings, grandparents, and uncles and aunts.

• Consent

The applicant must obtain consent from anyone with an equal or greater right to apply. 

• Evidence

The applicant must provide evidence that everyone equally close to the deceased has been told about or agreed to the application. 

The High Court Rules specify the order of priority. The Department of Internal Affairs must also perform a Status of Children search and attach the certificate of results to the application. 

Once the High Court grants Letters of Administration, the estate is administered similarly to probate. The administrator's responsibilities include: 

• Obtaining the deceased's will
• Determining the estate's assets and who receives them
• Applying for letters of administration or probate,
• Recording estate outgoings
• Paying the deceased's debts from the estate

The Administration Act 1969 also establishes the order of priority for who can apply to be an administrator. The order of priority is: 

• Surviving spouse or de facto partner
• Children
• Parents
• Brothers and sisters
• Grandparents
• Uncles and aunts.