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You've been named executor.
It's an unfamiliar responsibility at a difficult time. This guide covers everything you need to know about your duties as executor.
You've been named as executor in someone's will. Perhaps you've known for years, or perhaps you've just discovered it. Either way, you are now facing an unfamiliar responsibility at a difficult time.
This guide walks you through everything you need to know as of 2026, including the most significant change to estate administration in years.
When is probate required?
The probate threshold under the Administration Act 1969 is $15,000. This determines when formal court approval is needed to administer an estate.
Under Section 65 of the Administration Act 1969, banks and other institutions may release assets up to $15,000 without requiring probate. However, this is at their discretion.
- Small bank accounts may be released without probate
- Each institution sets its own internal policies
- Amounts over $15,000 usually require probate
When probate is always required
Do I need probate?
Is there a valid will?
Check the original will for a valid signature and witnesses. If there is no will, the estate is distributed according to the law of intestacy.
Does the estate include land?
If the deceased owned real estate (other than as a joint tenant), probate is always required to transfer the title.
Is any single bank account over $15,000?
Probate may not be required
Banks and institutions can often release funds directly. Contact each institution to confirm their requirements.
Note: Institutions may still request probate at their discretion.
Your duties as executor.
An executor is legally responsible for administering the estate according to the will and the law. This is a fiduciary role.
Collect and protect assets
- Locate and secure all assets
- Notify relevant institutions
- Value the estate accurately
- Keep assets safe during administration
Pay debts and obligations
- Identify all creditors
- Pay legitimate debts
- File final tax returns
- Handle any outstanding liabilities
Distribute the estate
- Wait the appropriate period for claims
- Distribute according to the will
- Transfer titles and registrations
- Obtain receipts from beneficiaries
Keep proper records
- Maintain detailed accounts
- Document all decisions
- Keep receipts for expenses
- Be able to explain your actions
Personal liability: understand the risks.
Executors can be held personally liable for losses caused by improper administration. This is one of the most misunderstood aspects of the role.
"Estate administration looks straightforward until you are in the middle of it. The estates that run smoothly are usually the ones where the executor got advice early, before making decisions that are hard to undo."
Distributing too early
high riskIf you distribute before the 12-month claims period expires and a Family Protection Act claim is later made, you may be personally liable.
Missing creditors
high riskIf legitimate debts go unpaid because you didn't identify them, creditors can pursue you personally.
Investment losses
medium riskIf estate assets lose value due to your failure to manage them prudently, beneficiaries can claim against you.
Tax mistakes
medium riskIRD can pursue you for unpaid estate taxes.
How to protect yourself
The typical timeline.
Estate administration is measured in months, not weeks. Managing expectations, including your own, is important.
Immediate steps
Secure assets, find will, register death, initial notifications
Apply for probate
Prepare application, file with High Court, await grant
Collect assets
Contact institutions, collect funds, value estate
Claims period
Wait for potential claims before distributing
Distribution
Pay debts, distribute to beneficiaries, close estate
Complex estates take longer. Properties that need to be sold, trusts involved in the estate, overseas assets, potential claims, or family disputes can all extend the timeline significantly.
Common executor questions.
Q: Can I be an executor and a beneficiary?
Yes. Most executors are also beneficiaries. Being both doesn't create a conflict, but you must still follow proper process for your benefit as for others.
Q: What if I don't want to be executor?
You can renounce the role if you haven't already started acting. Once you've started administering the estate, renouncing becomes more complicated.
Q: Can I claim expenses?
Yes. Reasonable expenses incurred in administering the estate can be reimbursed from estate funds. Keep receipts and document everything.
Q: Do I get paid for being executor?
In New Zealand, there's no automatic right to payment unless the will provides for it. Professional executors usually charge fees; family executors often serve unpaid.
Q: What if beneficiaries disagree with my decisions?
You must administer the estate according to the will and the law, not beneficiary preferences. Document your reasoning. If disputes escalate, seek legal advice.
Key Takeaways
Banks may release accounts under $15,000 without probate
Executors have legal duties and can be personally liable
Estate administration usually takes 6-12 months minimum
Keep detailed records of everything you do
Getting professional help early is often worthwhile
Related Guide
Ready to work through each phase systematically? Our step-by-step guide takes you from first steps through to closing the estate.
Read the A Guide for ExecutorsRelated Reading
What comprehensive estate planning includes
Estate planning is more than making a will. Comprehensive planning brings together wills, trusts, and EPAs into a coordinated plan that protects you and your family.
Understanding Family Protection Act Claims
Family members who feel inadequately provided for in a will may have grounds to challenge it. Understanding this area of law helps both potential claimants and executors.