The Executor’s First 30 Days: A Practical New Zealand Checklist

The first month after a death can feel strangely divided.

On one side, there is grief: funeral arrangements, family conversations, memories, shock and exhaustion. On the other, there is administration: keys, bank accounts, insurance policies, legal documents and questions that seem to arrive faster than answers.

For an executor, these two worlds often collide.

You may have been chosen because the person trusted your judgement. That does not mean you are expected to know every legal procedure immediately. Your first responsibility is not to distribute inheritances or empty the house. It is to protect the estate, confirm your authority and begin building an accurate picture of what the deceased owned and owed.

In New Zealand, an executor named in a will will commonly need to obtain probate from the High Court before dealing fully with estate property. Probate is the court’s formal recognition that the will is valid and that the executor has authority to administer the estate. citeturn292090search1turn292090search3

The following executor checklist explains what should usually happen during the first 30 days.

## The First 24 to 72 Hours: Protect, Confirm and Record

### Confirm the death and immediate arrangements

Before estate administration can properly begin, the death must be medically confirmed and the practical arrangements surrounding burial or cremation must be addressed.

Where a funeral director is involved, they will generally guide the family through much of the immediate process, including registration requirements. If there is no funeral director, the executor, administrator or closest relative may need to arrange registration. A death generally needs to be registered within three working days after burial or cremation. citeturn292090search13turn292090search41

Order several certified death certificates once registration has been completed. Different banks, insurers, investment providers and government bodies may require evidence of the death. Some will accept a certified copy or electronic verification, while others may have their own requirements.

### Establish who has authority over the funeral

One of the first difficult questions may be: who gets the final say about the funeral?

In New Zealand, the executor generally has the legal responsibility for the deceased’s body and for decisions concerning burial or cremation. The executor will normally take account of funeral directions in the will, as well as the wishes of close whānau and family. However, funeral wishes written in a will are not always legally binding in the same way as instructions about property. citeturn292090search5

This does not mean an executor should take over without discussion. A calm family meeting can prevent misunderstandings, particularly where cultural practices, religious observances, burial locations or competing family expectations are involved.

The executor should also be cautious about funeral costs. Reasonable funeral expenses are normally payable from the estate, but an elaborate arrangement that is clearly beyond the estate’s means may create conflict with creditors or beneficiaries.

Keep every invoice and receipt from the beginning.

### Secure the home and other property

Imagine arriving at the deceased’s house and finding a window open, valuable jewellery on a dresser and a neighbour asking whether someone can take the car.

That is precisely the sort of situation an executor must stabilise.

The executor has a duty to preserve estate property for those ultimately entitled to it. Early protective steps may include:

– Collecting and recording all available keys
– Locking doors, windows, sheds and garages
– Securing vehicles, tools, jewellery, firearms and valuable collections
– Checking that pets, livestock and plants are being cared for
– Redirecting mail where appropriate
– Maintaining essential electricity, security and insurance
– Photographing rooms and valuable items before anything is moved
– Recording who enters the property and what is removed
– Securing digital devices without attempting to bypass passwords unlawfully

Do not allow relatives to “take a keepsake” simply because everyone believes the item was promised to them. Until the will has been located and the estate position understood, property should remain secure.

Even a small object can become the centre of a serious dispute when grief is fresh.

## Days 2 to 7: Locate the Will and Identify the Executors

### Find the latest original will

A photocopy or digital scan may be useful for information, but the original signed will is normally required for a standard probate application.

Search carefully rather than dramatically. Likely locations include:

– A home safe or locked filing cabinet
– Papers marked “estate planning” or “personal documents”
– A solicitor’s office
– A secure document-storage provider
– A bank deposit box
– The records of an accountant or financial adviser

Look for any later will, codicil or written document that might affect the original. A codicil is a formal amendment to a will. The most recent valid testamentary document usually governs the estate.

Do not remove staples, add notes, mark pages, repair tears with tape or write on the will. Its physical condition may be legally relevant. If the original was last known to be in the deceased’s possession but cannot be found, legal advice should be obtained promptly.

### Read the will, but do not rush to interpret it

Confirm:

– Who is named as executor
– Whether there are substitute executors
– Whether more than one executor must act
– Who receives specific gifts
– Who receives the residue of the estate
– Whether trusts are created
– Whether there are instructions relating to children, pets or funeral wishes
– Whether any beneficiary has died
– Whether names or circumstances have changed

A will can look straightforward while raising complicated legal questions. For example, a gift may refer to a house the deceased sold years ago, a beneficiary may have died first, or the deceased may have married after signing the document.

Do not promise beneficiaries that they will receive particular property until the will and surrounding circumstances have been properly reviewed.

### Decide whether you are willing and able to act

Being named as executor does not force you to accept the role in every circumstance. However, the position becomes more complicated once you begin dealing substantially with estate affairs.

Before taking significant steps beyond protecting property and arranging the funeral, consider whether you can act impartially and competently.

Warning signs include:

– Serious conflict with beneficiaries
– Living overseas with limited ability to manage New Zealand assets
– A dispute about the validity of the will
– Complex businesses, trusts or overseas property
– Personal financial difficulties that may undermine confidence
– Being unable to devote sufficient time to the administration
– A potential claim against you or by you involving the estate

An executor who wishes to step aside should seek legal advice before acting further. Informally handing the job to another relative does not legally transfer the executorship.

## The First Week: Notify Banks and Protect Financial Assets

### Contact banks without assuming you can operate the accounts

Notify each relevant bank of the death. The bank will usually restrict or freeze accounts held solely in the deceased’s name once it receives notice.

This can surprise families who are relying on the deceased’s account to pay household expenses. However, money in a sole account is estate property. Existing authorities, including many powers of attorney, generally end when the account holder dies.

Ask the bank what documents it requires. These may include:

– A death certificate
– Identification for the executor
– A certified copy of the will
– Probate, if required
– The bank’s deceased-estate forms

Do not continue using the deceased’s bank card, online banking login or personal identification number. Even when the intention is to pay legitimate bills, accessing an account as though the deceased were still alive can cause legal and accounting problems.

Banks may be willing to pay a funeral invoice directly from a deceased customer’s account before probate, depending on their procedures and the available funds. Ask before paying substantial expenses personally.

### Deal carefully with joint accounts

A joint account may operate differently from a sole account. In many cases, the surviving account holder can continue using it, but the exact legal position may depend on ownership arrangements, contributions and whether the money was genuinely held jointly.

Do not assume that every asset with two names automatically belongs entirely to the survivor. Jointly owned land, partnership property, trust assets and relationship property may each require separate analysis.

### Stop avoidable losses, not every payment

The executor’s job is to preserve value, not create chaos by cancelling everything immediately.

Some payments should be reviewed quickly, such as entertainment subscriptions, club memberships or services that are no longer needed. Others may need to continue temporarily, including:

– House and vehicle insurance
– Electricity and security systems
– Mortgage payments
– Rates
– Storage charges
– Animal-care costs
– Essential business expenses

Cancelling insurance because “nobody lives there now” could expose the estate to a far greater loss. Instead, notify the insurer of the death and any change in occupancy. Ask whether the existing cover remains valid and what conditions must be met.

## Days 5 to 14: Build the Estate Inventory

### List every known asset

The executor must identify and gather in the deceased’s property, manage it on behalf of the estate and ultimately transfer or distribute it to the people entitled to receive it. citeturn292090search10turn292090search33

Begin a working inventory containing:

– Land and buildings
– Bank accounts and term deposits
– Shares, managed investments and bonds
– Retirement savings
– Vehicles, boats and trailers
– Business interests
– Trust interests
– Life insurance
– Valuable household contents
– Jewellery, art and collectibles
– Digital assets and online accounts
– Refunds, unpaid wages or debts owed to the deceased
– Overseas property
– Intellectual property or royalties

Record estimated values, ownership details, account references and the location of supporting documents.

Distinguish between property owned solely by the deceased and property owned jointly, through a company, partnership or trust. An asset used by the deceased is not necessarily owned by the estate.

### Identify debts and continuing obligations

Create a separate liability list covering:

– Mortgages
– Credit cards
– Personal loans
– Tax obligations
– Rates
– Utilities
– Medical and care costs
– Funeral expenses
– Guarantees
– Business debts
– Hire-purchase agreements
– Legal or accounting fees

Do not pay beneficiaries before understanding the estate’s debts. Executors can face personal consequences if they distribute property prematurely and later discover that creditors or successful claimants should have been paid first.

### Search the paperwork methodically

Bank statements, tax records, email correspondence and regular mail can reveal assets that nobody knew existed.

Look for dividend notices, rates demands, insurance renewals, storage invoices, loan statements, rental records and correspondence from investment providers. Review at least the previous 12 months of transactions where possible, particularly if the deceased’s affairs were complex.

Keep a written log of every organisation contacted, including the date, the person spoken to, the documents requested and the next action required.

## Days 10 to 21: Obtain Valuations and Consider Probate

### Determine whether probate is necessary

Probate is commonly required where the deceased owned land in their sole name or where an institution will not release an asset without a court grant.

New Zealand’s rules allow certain smaller assets to be released without probate in some circumstances, but thresholds and institutional requirements must be checked carefully. Following changes announced in 2025, the general statutory threshold for certain categories of assets increased from $15,000 to $40,000, although the legal treatment can depend on the type of property and the circumstances. citeturn292090search12turn292090search17

An estate should therefore not be labelled “small” merely by adding up rough estimates. The executor must identify how each asset is owned and what each holder requires.

Probate may also be advisable even where an institution could release money without it, particularly if disputes, uncertainty or later-discovered assets are possible.

### Obtain date-of-death values

Probate documents require accurate information about the estate. Request formal or reliable date-of-death valuations for significant assets.

Depending on the estate, this may involve:

– Property appraisals or registered valuations
– Bank balances at the date of death
– Investment portfolio statements
– Vehicle values
– Business accounts
– Valuations of art, jewellery or collections
– Foreign-currency conversions
– Loan balances and accrued interest

Use defensible figures rather than guesses. The value of an asset at death may differ from the amount eventually received after sale.

### Start preparing the probate application

A standard probate application is made to the High Court by the executor named in the will. The requirements are governed by the Administration Act 1969, the Wills Act 2007 and the High Court Rules. citeturn292090search1

The exact documents depend on the circumstances, but the process commonly requires:

– The original will and any codicils
– Evidence of the death
– An application in the prescribed form
– An executor’s affidavit
– Information about the estate
– Explanations for any irregularities

Extra evidence may be required if the will is damaged, incorrectly witnessed, altered, undated, signed under unusual circumstances or accompanied by handwritten changes.

Probate applications are technical. An apparently minor inconsistency, such as a name written differently across documents, can delay the grant. Many executors therefore obtain legal assistance even when the estate itself appears uncomplicated.

## Days 15 to 30: Notify Relevant Organisations

By the end of the first month, the executor should generally have begun notifying organisations connected with the deceased.

These may include:

– Insurers
– Investment and retirement-fund providers
– Tax authorities
– Pension or benefit agencies
– Employers
– Local councils
– Utility providers
– Landlords or tenants
– Accountants
– Business partners
– Membership organisations
– Digital service providers

The tax authority will require proof that the person contacting it is authorised to act, such as a copy of the will, probate or letters of administration, depending on the stage and circumstances. citeturn292090search26

Avoid sending the original will through ordinary mail unless a court or professional adviser specifically requires it. Use certified copies where accepted and maintain a record of every document supplied.

## Communicate With Beneficiaries Without Making Promises

Silence creates suspicion.

Beneficiaries do not need a daily update, but they should usually receive an early, measured communication confirming that:

– The will has been located
– The executor has begun administering the estate
– Assets and liabilities are being identified
– Probate may be required
– Distribution will not occur immediately
– Further updates will follow when reliable information is available

Do not give speculative dates. Estate administration can be delayed by probate requirements, property sales, tax matters, creditor claims, missing beneficiaries or challenges to the will.

An executor must remain neutral. Your role is not to defend the person you like most, settle old family arguments or redesign the will according to what feels fair. Your responsibility is to administer the estate lawfully and in accordance with the valid will.

## Keep Estate Money Separate

Open an estate account when appropriate and once the necessary authority is available. Do not mix estate money with your personal funds.

Maintain records of:

– All money received
– Every bill paid
– Reimbursements
– Property-sale proceeds
– Interest
– Professional fees
– Executor expenses
– Interim and final distributions

Keep receipts and invoices, even for small amounts. Beneficiaries may later be entitled to review estate accounts, and clear records protect both the estate and the executor.

If you pay an urgent cost personally, record the date, purpose and amount. Reimbursement should be transparent and supported by evidence.

## What an Executor Should Not Do in the First 30 Days

The most damaging early mistakes often come from moving too quickly.

Avoid:

– Distributing cash or personal belongings prematurely
– Selling property before confirming authority and value
– Using the deceased’s passwords or bank cards
– Allowing uninsured property to sit vacant
– Paying one beneficiary ahead of others
– Ignoring creditors
– Throwing away documents
– Altering or marking the original will
– Assuming joint ownership resolves every issue
– Promising a distribution date
– Taking executor payment without proper authority
– Treating estate property as your own

An executor is not expected to complete the estate within 30 days. The first month is about control, information and legal authority.

A well-run estate rarely begins with dramatic action. It begins with locked doors, careful notes, preserved documents, respectful communication and the discipline to wait until the legal position is clear.

## Frequently Asked Questions

### 1. Can an executor act before probate is granted?

An executor can usually take protective and preliminary steps, such as arranging the funeral, securing property, locating the will, notifying organisations and gathering information. However, probate may be required before the executor can sell, transfer or collect certain estate assets.

### 2. Does the executor have the final say over the funeral?

The executor generally has legal responsibility for the deceased’s body and funeral arrangements. In practice, the executor should consult close family and respect the deceased’s known cultural, religious and personal wishes wherever reasonably possible.

### 3. Should the executor notify the bank immediately?

The bank should be notified reasonably promptly so accounts can be protected. Before making contact, it is helpful to identify the executor, locate the will and obtain information about the account. The executor must not continue using the deceased’s card, login details or personal identification number.

### 4. Who pays the funeral expenses?

Reasonable funeral expenses are normally debts of the estate. A bank may sometimes pay a funeral invoice directly from the deceased’s account before probate, subject to its requirements. A person who pays personally should retain the invoice and evidence of payment.

### 5. Can family members take personal belongings before probate?

They should not remove estate property without the executor’s approval and proper records. Even where an item appears to have little financial value, it may be specifically gifted under the will or disputed by beneficiaries.

### 6. How quickly must an executor apply for probate?

There is no universal rule requiring every probate application to be filed within a fixed number of days after death. However, the executor should act without unreasonable delay. Time may be needed to locate the original will, obtain the death certificate, value assets and prepare accurate court documents.

### 7. Can an executor refuse to act?

A person named as executor may be able to renounce the role, particularly if they have not begun administering the estate. Once they have taken substantial steps in that capacity, withdrawing can become more difficult. Legal advice should be obtained before signing documents or dealing with assets.

### 8. When can beneficiaries receive their inheritance?

Distribution should occur only after the executor has established legal authority, identified and collected estate property, paid or provided for debts and expenses, addressed taxes and considered potential claims. Some straightforward estates can progress relatively quickly, while complicated or disputed estates may take considerably longer.