Letters of Administration: What to Do When There's No Will

When someone dies without a valid will, or the will doesn't name an executor who can act, nobody automatically has legal authority over their estate. Letters of administration fill that gap: a High Court order appointing an administrator to do everything an executor would normally do.

When they're needed

The same thresholds apply as for probate. You'll need letters of administration if the person left more than $40,000 in their sole name at any one institution, or owned a house or land solely, and there's no valid will. For smaller estates, institutions can release funds without a court order. See do you need probate in NZ? for how the threshold works.

Who can apply

The Administration Act 1969 sets a priority order. Broadly:

• The surviving spouse, civil union or de facto partner has first right to apply
• Then the children of the deceased, then grandchildren
• Then parents, then siblings, then wider family

If family members agree, those with an equal or higher right can consent to someone else applying instead. Disagreements about who should administer are one of the main reasons these applications need legal help.

Who inherits

This is the part that surprises families: with no will, the administrator doesn't decide who gets what. The estate is distributed by a fixed legal formula under the Administration Act, regardless of what the person said they wanted. The full formula is in who inherits when someone dies without a will, but the headline is this:

How the application works

The application goes to the High Court probate registry in Wellington, with supporting affidavits covering the death, the family relationships, searches confirming no will exists, and the applicant's right to apply. The court filing fee is $269, the same as probate, and legal fees are usually a bit higher than probate because of the extra paperwork. Processing takes a few weeks for a clean application; see how long probate takes for the full picture.

Letters of administration "with will annexed"

There's a hybrid case worth knowing about: a valid will exists, but the named executor has died, can't act, or won't act. The court appoints an administrator to carry out the will as written. Distribution still follows the will, not the intestacy formula.

Where to start

First, make absolutely sure there's no will. Check with the person's lawyer, any trustee company they used, their bank, and their personal papers. A will turning up after administration has begun creates real complications. If there's genuinely no will, the closest family member should get legal advice on applying, and the Legal & financial step of the executor guide covers what happens once the grant arrives.