Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a person has died in New Zealand without leaving a valid will and an eligible family member needs to apply for Letters of Administration. This plan guides the practitioner through identifying the statutory priority of applicants, gathering relationship and asset evidence, and filing ex parte pleadings at the registry. The administrator role is established solely by the court's grant, and distribution must proceed in strict accordance with the statutory intestacy rules.
Jurisdiction: High Court of New Zealand (Probate Unit at Wellington). This is a procedural fork of the parent probate administration plan, triggered when there is no valid will.
The Process at a Glance: Conduct a thorough search for any testamentary papers to confirm intestacy status. Identify the spouse, civil union partner, de facto partner, or next of kin entitled to apply based on strict priority. Assess the assets and liabilities of the deceased to verify that a grant of representation is required. Draft the ex parte application and the supporting affidavit of spouse or partner, verifying that de facto relationships meet the three-year duration rule. Coordinate in-person swearing of the affidavits before a solicitor or registry officer. Submit the physical document bundle alongside the court fee receipt to Wellington. Once the grant is issued, distribute the estate according to the statutory distribution shares.
Key Legislation and Case Law: Intestate estates are governed by Part 3 of the Administration Act 1969, which sets out the statutory legacy of $121,500 and distribution shares for spouses and partners, children, and parents under s 77. The Property Relationships Act 1976 defines de facto partners and spousal rights. Part 27 of the High Court Rules 2016 governs letters of administration applications under Rules 27.35 and 27.37, requiring Forms PR 1AA and PR 3, PR 4, PR 5, or PR 6. Under the High Court Fees Amendment Regulations 2025, the filing fee is $269.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Probate Administration (Executor) - Letters of Administration on Intestacy Pathway matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the deceased died intestate and determine the priority family applicant.
Complete and execute all pleadings for letters of administration on intestacy.
Lodge physical pleadings at Wellington and receive the sealed letters of administration grant.
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