Estates
Protecting Your Legacy and Your Loved Ones' Future
Losing someone you love is hard enough without having to navigate legal paperwork, court applications, and financial decisions. We're here to guide you through every step — with compassion, clarity, and practical support.
Estate Administration Services Delivered with Compassion and Understanding
We help executors and families navigate the process of administering an estate — from the day of death through to final distribution.
When someone dies, there is a lot to do — funerals, bank accounts, property, probate, tax, and distributing assets to beneficiaries. If the deceased had a trust, that may need to be wound up as well. It's a process with strict legal requirements, and getting it wrong can expose executors to personal liability.
We help you with all or part of the process — you decide how much support you need. Whether you need us to handle everything from start to finish, or just prepare the probate application and guide you through the rest, we'll work closely with you to ensure your loved one's wishes are carried out properly.
Our estate administration is led by Kirsty Hourigan, who works with families throughout New Zealand and understands how important it is to get things right — with sensitivity and care.
A Guide to the Estate Administration Process
The process typically follows three stages. Click each to learn more.
Step 1 — Responding to the Immediate Situation
If your loved one has a medical emergency, provide first aid if possible. If necessary, call Emergency Services on 111. This is also the number to call if your loved one has passed away unexpectedly, or if you are not sure whether they have died.
Let family members and close friends know what has happened as soon as you are able. This can be a difficult and emotional task, but it's important to ensure that everyone who needs to know is informed promptly.
Find the deceased's last Will, Funeral Directives, and Memorandum of Wishes (if a trust is involved). These documents will help you determine the deceased's wishes and make important decisions about the funeral and estate administration. If Ross Holmes Virtual Lawyers holds the will, contact us and we'll provide copies immediately.
Wait until the death certificate has been received before contacting the bank. Once the bank is notified of a death, all accounts in the deceased's sole name are frozen. Joint accounts are not affected. Banks will usually pay the funeral account directly to the funeral director from the deceased's accounts without waiting for probate.
Step 2 — Organising the Funeral
A funeral director can take care of legal and practical tasks — including arranging a minister or celebrant, death and funeral notices, flowers, catering, and support services for bereaved family and friends. If your loved one prepared funeral directives, the planning process will be far easier.
This is an option, but there are legal requirements — including confirmation of the cause of death and registering the death with Births, Deaths, and Marriages. Embalming isn't always necessary if the body is to be buried or cremated within two or three days after death.
Personalising the funeral can help honour the deceased's legacy and celebrate their life. Consider incorporating elements that reflect their character, values, and favourite things. If funeral directives exist, they will guide these decisions.
Step 3 — Administering the Estate
Probate is needed if the deceased's financial assets exceed $40,000 at any one bank, or if the deceased held shares or bonds over $15,000, real estate, vehicles, jewellery, art, or other valuable personal assets in their sole name.
This protects the executor or trustee from legal risk. In smaller estates with no disputes, families sometimes distribute assets informally — but that should only occur if all beneficiaries agree.
The application must be filed in the High Court in a specific format. Any errors or omissions will cause delays. Probate is currently taking around four months to be granted after filing. The High Court filing fee is $269.
Although rare, a will can be challenged under the Family Protection Act or the Law Reform (Testamentary Promises) Act. Under section 47(4) of the Administration Act 1969, executors or trustees are protected from liability for distributions made six months after probate is granted, provided no written notice or court application has been received that could affect the estate.
If the deceased was the last principal beneficiary of a trust, the trust may need to be wound up and the assets distributed. This typically involves preparing a Deed of Capital Distribution, considering whether a final tax return is needed, checking whether overseas beneficiaries will incur tax obligations, and confirming whether any beneficiaries wish to transfer their share to their own trust.
Transfers of vehicle ownership can be completed online using the Notice of Disposal and Notice of Acquisition forms on the NZTA website.
How to Get Started
1. Download Our Form
Download our estate information form and complete as much as you can. Don't worry if you don't have everything right away — provide the rest as it becomes available.
2. Send It to Us
Email the completed form to reception@rossholmes.co.nz. We'll review it and get back to you promptly.
3. We Guide You Through
We'll explain what's needed, prepare the probate application (if required), and guide you through administration and distribution.
Download Our Estate Information Form
This form captures the information we need to get started. Complete what you can and email it back to us.
Email completed form to reception@rossholmes.co.nz
Request your complimentary estate administration quote
Tell us about your situation and we'll send you a clear quote — no obligation.
Questions? Contact Kirsty Hourigan | DDI: +64 9 415 5704 | kirstyh@rossholmes.co.nz
What We Can Help You With
You decide how much support you need — we can handle everything or just the parts you need help with.
Probate Applications
We prepare and file the High Court application, ensuring it's done correctly and on time.
Asset Collection & Distribution
Collecting assets, paying debts, and distributing the estate to beneficiaries.
Property Transfers
Transferring real estate from the estate to beneficiaries or preparing it for sale.
Trust Wind-Up
Winding up the deceased's trust and distributing trust assets to beneficiaries.
Tax & IRD
Coordinating with your accountant on final tax returns and estate tax obligations.
Disputed Estates
Advice on Family Protection Act claims and testamentary promises.
Ready to Talk?
Request a personalised quote online, ask us anything, or if you’re a new client, book a free 15-minute meeting to meet our team and see if we’re the right fit.
The introductory meeting is a chance to meet our team — it is not for legal advice.