Probate Without Panic: The Essential Checklist When Someone Dies

What do you do when someone dies?   When a loved one dies, the sheer number of tasks can be very overwhelming at a time when you are facing loss and dealing with grief.  This checklist sets out the steps for dealing with an estate in NZ so you are prepared when the worst happens.  It can help to know what to do when someone dies.

Step one – Check the will for funeral wishes

Call the lawyer holding the will to see whether the will contains funeral wishes or preferences for cremation or burial and if there’s any money set aside for the funeral.  If you are not sure where the will is, you can call your preferred lawyer who can track it down for you.

Step two – Arrange the funeral

Most people use a funeral director for this.  Ask around for recommendations or try www.fdanz.org.nz.  The funeral director handles the logistics and practical arrangements and usually recommends a celebrant who creates and officiates the service.

Step three – Secure valuables

Make sure sufficient insurance is in place as some policies are cancelled after 30 days of a vacant property.  Consider changing locks to protect any valuables.  Any personal possessions should be distributed according to the will.

Step four – Obtain the death certificate

Usually, the funeral director registers the death within three days of burial or cremation, and they are sent the death certificate within three weeks.  You can order one yourself from the Department of Internal Affairs.

Step five – Provide the death certificate to your lawyer so they can obtain probate if required

If the estate is under $40,000 and there are no company shares/government bonds, probate isn’t required and the assets can be released directly to the executor who can distribute them to the people set out in the will.

If the estate is over $40,000, your lawyer needs to get probate.  Basically, probate is stamped approval from the High Court in Wellington that the will is valid and gives authority to the executor to carry out the instructions in the will.  Usually with the help of a lawyer.

Did you know that an executor can use any lawyer to obtain probate, not necessarily the lawyer who drafted the will or who holds it.  We are more than happy to get probate for wills prepared and held by other law firms.  It can pay to shop around.

Step six – Administer the estate

This step consists of closing the bank accounts, selling the assets and paying all the bills.  Then the money can be paid out to the beneficiaries of the will.  This can be done by a lawyer or by the executor and usually takes up to a year.

Top tips:

Get extra certified copies of the death certificate when you meet the lawyer – they can be handy.

Work and Income, ACC or Southern Cross can help with funeral costs in some cases.

Henderson Reeves

We have been gently helping families deal with the estates of their loved ones for over 50 years and we know how to make it easy at reasonable prices.  We can get probate for $2,000 with no hidden surprises, and in most cases, no extra charges.  See our brochure below.

Call us if you have any questions, we are happy to help.