No will? Understanding intestacy and letters of administration

When someone dies without a will, it’s called intestacy. This means there’s no one with the authority to manage the estate. The law dictates who will benefit from the estate.

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Understanding intestacy

If the estate is worth less than $40,000 and doesn’t include property, their next of kin can usually handle it. For anything larger, the law requires formal administration.

To manage a larger estate, someone needs legal authority. This comes from the High Court in the form of ‘letters of administration on intestacy’. These letters give the chosen person – called the administrator – the power to collect assets, pay debts and distribute the remaining assets.

Letters of administration are also required when a will exists, but no executors named, or none of the named executors are able or willing to act. In these cases, the document issued is called ‘letters of administration with will annexed'.

Choosing an administrator is a big decision. It should be someone who:

Makes decisions objectively,
Understands the legal responsibilities,
Has a good understanding of accounting and tax law and
Has time to manage the process.

To apply for letters of administration, you’ll need to show the court:

There’s written agreement on who will be the administrator,
Confirmation that the person applying is entitled to apply and
If there is no will, a search has been conducted.

Once the court grants the letters of administration on intestacy, the administrator can get started. They’ll manage the estate and distribute assets according to New Zealand law. This depends on family circumstances – like whether there’s a partner, children or parents. If no relatives can be found, the estate goes to the New Zealand Government.

In the case of letters of administration with will annexed, then they’ll manage the estate and distribute the assets according to the will.

When there isn’t a will, the distribution of assets is determined by law. Note that in New Zealand law, some de facto relationships and civil union partnerships are recognised as equal to marriage, for the purposes of estate distribution. See more about how the Property (Relationships) Act could affect you here.

Without a will, a person’s assets will be distributed according to their family circumstances:

If there is a spouse or partner, but no parents or children: The spouse receives the entire estate.
If there is a spouse or partner and children: The spouse receives the personal effects (such as furniture, paintings, homeware), $155,000 (with interest from the date of death) and a third of anything left. Children will receive the remaining two thirds, divided equally between them.
If there are stepchildren or a blended family: Where there are blended families the situation is more complex. Whether stepchildren are entitled to benefit from an estate will depend on a number of factors including the age of the stepchildren, their relationship to the deceased and whether they relied on the deceased financially. To fully understand stepchildren’s entitlements you should make an appointment to see your nearest Public Trust Trustee.
If there is a spouse or partner and parents, but no children: The spouse receives the personal effects (such as furniture, paintings, homeware), $155,000 (with interest from the date of death) and two thirds of anything that’s left. The deceased’s parents will receive the remaining third divided equally amongst them.
If there are children but no spouse or partner: The children receive the entire estate; it will be shared equally among them.
If there is no spouse or partner, no children, but there are surviving parents: The entire estate is divided equally between the parent or parents.
If there is no spouse or partner, no children, no surviving parents but surviving siblings: The entire estate is divided equally between the siblings.

If none of the above scenarios apply, a genealogist will be engaged to determine next of kin details. If no next of kin are able to be located then everything will be passed over to the New Zealand Government. Anyone who thinks they should have benefited from the estate can apply to the New Zealand Treasury to be considered.

How Public trust can help

We offer support to help you manage your responsibilities with confidence. Whether you need help applying for letters of administration or support with a few tasks or full administration, we’re here to make things simpler.

Comprehensive probate or letters of administration

This service is ideal if there is no will or special circumstances involved.

Flexible estate support

We can support you with as little or as much as you need to settle an estate including the application for probate or letters of administration.

You choose the level of support that suits your situation. We’ll guide you through each step, so you can focus on what matters most.

Want to know more? Visit our probate and letters of administration page here.

How long does it take?

Estate administration takes time, and it’s often more complex when there’s no will – but you don’t have to do it alone, we’re here to help.

Here's what others have asked

Need help with letters of administration?

If you’d like more information or support to help you feel fully equipped in your role as administrator, get in touch – we’re here to help.