Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client has been named as executor in a New Zealand will and needs to apply to the High Court of New Zealand for a Grant of Probate. This plan covers the entire lifecycle, from the first client meeting through to estate distribution, for uncontested applications where no caveat or will challenge is anticipated. The executor must prepare physical pleadings, coordinate in-person swearing, pay the court fee, and submit the original testamentary papers to the centralized Wellington registry.
Jurisdiction: High Court of New Zealand (Probate Unit at Wellington). Forks cover letters of administration on intestacy where there is no valid will, and letters of administration with the will annexed where a will exists but the named executor is unable or unwilling to act.
The Process at a Glance: Gather the original will, any codicils, the death certificate, and a detailed inventory of assets and liabilities. Assess whether assets exceed the statutory thresholds requiring a formal grant of representation. Draft the ex parte application and the supporting executor affidavit, ensuring the deceased name matches across all records. Coordinate the physical swearing of affidavits before an authorized solicitor or registrar. Pay the court filing fee via the online portal and courier the original physical documents to the registry. Once the grant is sealed, open the estate bank account, publish a creditor protection notice, and manage potential family claims before distributing the assets.
Use this plan when a person has died in New Zealand without leaving a valid will and an eligible family member needs to apply for Letters of Administration. This plan guides the practitioner through identifying the statutory priority of applicants, gathering relationship and asset evidence, and filing ex parte pleadings at the registry. The administrator role is established solely by the court's grant, and distribution must proceed in strict accordance with the statutory intestacy rules.
Use this plan when a deceased person left a valid will but there is no named executor who is able or willing to act. This plan guides the practitioner through identifying the exact trigger (such as executor death, renunciation, marriage dissolution, or mental incapacity) and determining the priority of beneficiaries entitled to apply for administration. The appointed administrator must perform the provisions of the will as if probate had been granted to an executor.
Key Legislation and Case Law: The Administration Act 1969 is the primary statute governing estate administration, including s 9A applications by attorneys, s 47 safe harbor clocks, s 60 caveats, and the s 65 payment without administration threshold, which was raised to $40,000 on 24 September 2025 by the Administration Prescribed Amounts Amendment Regulations 2025. The Wills Act 2007 governs will validity and s 19 revocations upon marriage dissolution. Part 27 of the High Court Rules 2016 governs probate procedure, including Rule 27.4 ex parte applications, Rule 27.9 plight affidavits, and Rule 27.26 priority rules. Section 79 of the Trusts Act 2019 provides creditor notice protections. Part 8 of the Property Relationships Act 1976 details the spousal Option A or Option B relationship property election. Under the High Court Fees Amendment Regulations 2025, the probate application fee is $269 and certified copies are $27.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Probate Administration (Executor) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Complete intake procedures and determine the required legal administration pathway.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft and physically execute all pleadings required for High Court lodgement.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Lodge physical pleadings at the centralized Wellington Probate registry.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.