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 who died left more than $40,000 in their sole name at any one institution, or owned a house or land solely — and there is 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. 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 does not 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 formula is detailed in who inherits when someone dies without a will, but the headline:

How the application works

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

Letters of administration "with will annexed"

A hybrid case: there is a valid will, 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. The distribution follows the will, not the intestacy formula.

What to do next

First, make absolutely sure there is 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; the Legal & financial step of the executor guide covers what happens after the grant arrives.