Richard Natusch
Senior Associate
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Estate Administration
Someone has passed. You have questions. We have answers.
Losing someone is hard enough. We take care of the legal process so you can focus on what matters most.
150+ years helping Hawke's Bay families
With you, not just for you
The First Days
You do not need to have all the answers.
In the days after someone dies, there are practical matters that need attention. But not everything needs to happen immediately. Take care of yourself first.
48hrs
Immediate steps
- Obtain the death certificate from the funeral director
- Secure the property if needed
- Find the will (check with us or other lawyers)
Week 1
First week
- Notify the bank to freeze accounts (prevents unauthorised access)
- Contact Work and Income to stop any benefit payments
- Meet with us to understand next phases
What can wait
Not everything is urgent. These can wait until you are ready:
- - Selling property or vehicles
- - Distributing personal belongings
- - Closing social media accounts
- - Cancelling subscriptions
Executor Responsibilities
Talk to us about your role
Being an executor is a significant responsibility.
Most people have never done this before. The legal obligations can feel overwhelming when you are also grieving.
Legal Authority
Probate Required
Before you can act, you need legal authority. This usually means applying for probate (if there is a will) or letters of administration (if there is no will).
Asset Collection
Gather Everything
Identify and secure all assets. Bank accounts, KiwiSaver, property, vehicles, investments, personal belongings.
Debts & Tax
Pay What is Owed
Identify and pay all legitimate debts. Arrange final tax returns. You cannot distribute until debts are cleared.
Wait 12 Months
Legal Requirement
Claims against the estate (like Family Protection Act claims) must be made within 12 months of probate. You may need to wait before distributing.
Distribution
Follow the Will
Calculate what each beneficiary receives. Transfer assets, get releases. You are personally liable if you distribute incorrectly.
Personal Liability
Critical to Understand
Executors can be held personally liable for mistakes. Getting proper legal guidance protects you and the beneficiaries.
What to Expect
The process takes time. That is normal.
Estate administration usually takes 6-12 months. Complex estates can take longer. Here is what the process looks like.
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Initial Meeting
We review the will, understand the estate, and explain your role and responsibilities. You leave knowing what happens next.
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Probate Application
We prepare and file the court application. Once granted, you have legal authority to manage the estate.
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Collect Assets
We write to banks, insurers, KiwiSaver providers. We gather everything into the estate account.
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Pay Debts & Tax
We advertise for creditors, pay legitimate debts, and work with accountants on final tax returns.
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Wait Period
Claims must be made within 12 months of probate. We advise whether you can distribute earlier based on the specific circumstances.
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Distribute & Close
We calculate distributions, transfer assets, obtain releases from beneficiaries, and close the estate.
Every estate is different. We will give you a realistic timeline for your specific situation.
Talk to us today
How We Help
Obtain Probate
Legal Authority
We prepare and file the court application, obtain the grant, and provide certified copies for banks and other institutions.
Collect Assets
Coordination
We write to banks, insurers, and KiwiSaver providers. We coordinate valuations and secure property.
Manage Debts
Protection
We ensure proper creditor notices, manage legitimate claims, and protect you from paying incorrectly.
Handle Tax
Compliance
We work with accountants on final tax returns and estate tax matters. You get proper clearance before distributing.
Distribute
Completion
We calculate distributions, prepare statements, transfer property titles, and obtain proper releases from beneficiaries.
Complex Estates
Experience
No will, cross-border assets, family trusts, potential disputes, business interests. We have handled all of these situations.
Client Observations
What Our Clients Say
"I really appreciated the time you gave me. Most of all your kindness & empathy at a time when I was at my lowest. Many thanks for that, I won't forget it."
To ensure candour, all feedback was collected anonymously.
Our Estate Team
Guiding you through
with care, every step of the way
Common Questions About Estate Administration
Most straightforward estates take six to twelve months from death to final distribution. Complex estates can take longer. The legal requirements, particularly the six-month period for claims, set minimum timeframes.
We keep you informed throughout and ensure no unnecessary delays.
Not always. Small estates where the only assets are jointly held property or modest bank accounts may not require probate. However, most estates with significant assets need a grant of probate for institutions to release funds.
Banks have their own thresholds, usually around forty to fifty thousand dollars.
Executors must collect assets, pay debts, file tax returns, distribute according to the will, and account for all transactions. These are legal obligations, and executors are personally liable for getting them wrong.
We guide you through each step to ensure you fulfil your duties properly.
Yes. Executors who distribute too early, pay invalid debts, or fail to follow proper process can be personally liable. Professional guidance protects against these risks.
Claims under the Family Protection Act or Property (Relationships) Act can delay distribution. Executors must balance these claims against the six-month deadline for claims before distributing.
If a challenge is possible, we advise on how to protect your position as executor.
Funeral costs can usually be paid from estate accounts with a death certificate. Other immediate expenses require careful consideration of the executor's obligations. We advise on what is appropriate.
The estate is administered under intestacy rules, with distribution according to the Administration Act. A court-appointed administrator (often the next of kin) manages the process instead of an executor.
The process is similar to probate but involves additional court steps.
Final tax returns must be filed for the deceased. The estate may also have tax obligations on income earned after death. We work with accountants to ensure tax matters are handled correctly.
