Probate Without a Lawyer: A Careful DIY Guide

The executor had read the will three times.

The appointment was clear. There was one original will, one executor, no handwritten changes and no obvious family dispute. The deceased owned a home, so probate would be needed before the property could be transferred or sold.

At first, the application looked manageable. Then the executor opened the prescribed probate forms.

They were not ordinary forms with labelled boxes and simple instructions. They contained formal wording, references to court rules and spaces that had to be adapted to the estate’s circumstances. The affidavit also had to be sworn or affirmed correctly. One small inconsistency could lead to a court requisition and weeks of extra correspondence.

A New Zealand executor can prepare and file a probate application without hiring a lawyer. However, the process should not be mistaken for routine administration. Probate is a High Court proceeding, and the documents must establish that the applicant is entitled to administer the estate.

The standard documents for an ordinary probate application are forms PR 1AA, PR 1 and PR 7. They are prescribed court forms rather than simple fill-in-the-blank templates, and additional evidence may be required where anything about the will, executor or death is unusual. citeturn586087view0

This guide explains the main steps, the common risks and the point at which a do-it-yourself application may no longer be sensible.

## First, Confirm That Probate Is the Correct Application

Probate is generally sought by an executor named in a valid will.

Do not begin adapting probate forms until you have confirmed that:

– There is an original will
– The document appears to be the latest will
– You are named as an executor
– You are willing and able to act
– The deceased owned assets for which a formal grant is required
– No later codicil changes the executor appointment
– No other form of administration is more appropriate

A different application may be required where:

– There is no valid will
– The will appoints no executor
– Every named executor has died
– The executor has renounced
– The executor is unable to act
– The original will is missing
– The document may not have been witnessed correctly
– The applicant is a beneficiary but not an executor

Where the deceased owned no real estate and left only limited assets, probate may not always be necessary. The executor should first ask banks, investment holders and other organisations what evidence they require. Where the estate includes land or a house held solely by the deceased, a High Court grant will usually be needed. citeturn586087view0

The first DIY mistake is preparing the documents for the wrong type of grant.

## Collect the Documents Before Drafting

Do not begin with the forms. Begin with the evidence.

Create a probate file containing:

– The original signed will
– Every codicil
– The official death certificate
– The executor’s identification
– The deceased’s full legal details
– The deceased’s final address and occupation
– Details of every named executor
– Information about any executor who is not applying
– Notes about unusual marks or damage on the will
– Earlier wills or copies that may require investigation
– Any evidence connecting different versions of the deceased’s name

Check the will page by page.

Confirm that:

– Every page appears present
– The pages are in the correct order
– The will-maker signed it
– Two witnesses appear to have signed
– The attestation clause is complete
– No alterations appear unexplained
– No staples or fastenings appear to have been removed
– The will-maker’s name is consistent
– The executor appointment is unconditional

Do not repair, restaple, write on or otherwise alter the original will. Its physical condition may need to be explained to the court.

## Understand the Three Main Probate Forms

For an ordinary application, the core documents are PR 1AA, PR 1 and PR 7.

Each performs a different function.

### Form PR 1AA: Application Without Notice

This begins the proceeding and identifies the order being requested.

The application is made without notice because ordinary probate is usually sought without serving an opposing party. That does not reduce the need for accuracy. The court relies on the applicant’s evidence because nobody is appearing on the other side to test it.

The form generally identifies:

– The correct High Court registry
– The deceased’s full name
– The deceased’s place of residence
– The deceased’s occupation
– The applicant
– The type of grant requested

Use the deceased’s details consistently across every document.

If the death certificate uses a different name from the will, do not quietly choose one version and hope the court overlooks the difference. The variation may need to be addressed in the affidavit.

### Form PR 1: Affidavit for Probate

The affidavit contains the executor’s sworn or affirmed evidence supporting the application.

It commonly confirms matters such as:

– The deceased’s identity
– The date and place of death
– The existence of the will
– The executor’s appointment
– The executor’s entitlement to apply
– The condition of the testamentary documents
– Any matter requiring an explanation

This is not the place for family history, arguments or opinions about why the executor deserves the grant. An affidavit should state relevant facts.

Read every statement slowly. Do not leave wording in place merely because it appeared in the prescribed form. It must be true for this estate.

### Form PR 7: Probate in Common Form

PR 7 is the proposed grant.

It is the formal document recording that probate has been granted to the executor. The names and description in the proposed grant must match the application, affidavit and will.

Common errors include:

– Misspelling the deceased’s name
– Naming the wrong executor
– Omitting a codicil
– Requesting probate for one executor when two are applying
– Leaving optional wording in the document
– Referring to the wrong type of grant

Treat the proposed grant as carefully as the affidavit. It is not an informal summary.

## Use the Prescribed Wording Carefully

Probate forms must follow the structure prescribed by the High Court Rules.

This does not mean every application should be copied word for word from the schedule without adjustment. The wording must be adapted to the particular circumstances.

For example, the standard documents may not be enough if:

– One executor has died
– An executor wants power reserved
– The deceased used an alias
– The will was signed overseas
– A signature is difficult to identify
– The original contains an alteration
– A codicil changes the will
– A page has become detached
– A witness was also a beneficiary
– The will contains no complete attestation clause

Official guidance specifically warns that the prescribed forms may not cover everything required for the requested court order. citeturn586087view0

A DIY applicant should resist the temptation to conceal an irregularity. An unexplained problem is more likely to delay probate than a properly supported explanation.

## Draft the Affidavit From Verified Facts

An affidavit is written evidence given under oath or affirmation.

It should generally:

– Be written in the first person
– State the executor’s full name
– State the executor’s occupation
– State the executor’s place of residence
– Use numbered paragraphs
– Contain relevant factual evidence
– Refer clearly to any exhibits
– Match the application and proposed grant

Official court guidance requires an affidavit to include the maker’s full name, occupation and address. It also explains that documents referred to in an affidavit must be attached as exhibits. citeturn586087view2turn586087view3

Check the affidavit against the death certificate and will.

Pay particular attention to:

– Full legal names
– Middle names and initials
– Dates
– Addresses
– Occupations
– The place of death
– The date of the will
– The number of codicils
– The identities of all executors

One incorrect year or missing middle name can create uncertainty about whether the application concerns the same person shown in the will and death record.

## Deal With All Named Executors

If the will names more than one executor, the application must account for each of them.

Do not simply delete a co-executor because they do not want to complete the paperwork.

A named executor may have:

– Died before the deceased
– Died after the deceased
– Renounced
– Decided not to apply at that stage
– Lost capacity
– Been appointed as a substitute only
– Become impossible to locate

The correct evidence and wording depend on the circumstances.

Formal renunciation should not be attempted casually. A person who has already taken significant steps as executor may have difficulty renouncing later.

Where there is uncertainty about a non-applying executor, the DIY process can quickly become more complicated than an ordinary grant.

## Prepare the Exhibits Correctly

An exhibit is a document referred to in an affidavit.

The will and any codicils must be dealt with according to the applicable probate procedure. Other evidence may also need to be exhibited where the affidavit relies on it.

Every exhibit should be clearly identified. The affidavit should use matching labels or references so the court can see exactly which document supports each statement.

Do not:

– Attach unrelated papers
– Alter an exhibit after swearing
– Substitute a cleaner copy later
– Add missing pages after execution
– Change exhibit labels without correcting the affidavit

Before the affidavit is sworn or affirmed, confirm that every exhibit referred to is present and complete.

## Do Not Sign the Affidavit at Home

This is one of the easiest mistakes to avoid.

An affidavit must be sworn or affirmed before an authorised person. The executor should not sign it beforehand.

In New Zealand, affidavits for use in the High Court can generally be taken by:

– A Registrar or Deputy Registrar of the High Court or District Court
– A Justice of the Peace
– A solicitor of the High Court

An oath and an affirmation have the same legal effect. An oath has a religious form. An affirmation is available where the person does not wish to swear on a religious text. citeturn586087view2turn586087view3

Take identification and the complete affidavit, including exhibits, to the authorised witness.

The executor should swear or affirm that the contents are true and correct to the best of their knowledge and belief. The authorised person then completes the jurat, which records when, where and before whom the affidavit was made.

## Initial Every Required Page and Alteration

Where an affidavit has more than one page, the pages before the signature page generally need to be initialled by the person making the affidavit. Alterations must also be initialled.

Exhibits are handled separately and should not simply be initialled as though they were ordinary affidavit pages. The authorised person will complete the appropriate exhibit notation.

Court guidance confirms that unsigned earlier pages and uninitialled alterations can create formal problems. citeturn586087view2turn586087view3

Before leaving the witnessing appointment, check that:

– The executor signed in the correct place
– The jurat is complete
– The date is correct
– The location is recorded
– The witness’s details are complete
– Required pages are initialled
– Alterations are initialled
– Exhibits are properly marked

Do not add information after the affidavit has been sworn.

## What If You Discover a Mistake After Swearing?

Do not erase it, use correction fluid or quietly replace the affected page.

A sworn affidavit is evidence. It cannot be treated like an editable draft.

Contact the court registry and explain the problem. A supplementary affidavit may be required to correct the original evidence. Official guidance notes that mistakes in sworn affidavits are not easily fixed and commonly require further affidavit evidence. citeturn586087view2turn586087view3

This is why the final proofread should happen before the witnessing appointment.

## Check the Full Application as One Package

A probate application should tell one consistent story.

Lay the documents side by side and compare:

– The deceased’s name
– The applicant’s name
– The date of death
– The place of death
– The deceased’s residence
– The deceased’s occupation
– The date of the will
– The number of codicils
– The executors applying
– The wording of the grant requested

Check every heading and court reference.

Do not proofread only for spelling. Ask whether each statement is legally and factually consistent.

A useful final test is to imagine that the registrar knows nothing about the deceased or the family. Could the registrar understand from these documents alone:

– Who died?
– What will is being proved?
– Who is applying?
– Why is that person entitled?
– Are all unusual features explained?
– What precise grant is requested?

If the answer is uncertain, the documents may not yet be ready.

## File the Application and Pay the Fee

Probate applications are administered through the High Court probate system. The filing method and current fee should be checked immediately before submission because court procedures and charges can change.

As of July 2026, official court information lists a probate and letters of administration filing fee of $275. A person who meets the relevant criteria may be able to seek a waiver, postponement or refund. citeturn586087view0

Keep:

– A complete copy of everything filed
– Proof of filing
– Proof of payment
– The court reference
– Any covering correspondence
– A secure record of where the original will was sent or delivered

Never send the only copy of your supporting records without retaining a full duplicate file.

## What Happens After Filing?

The application is reviewed by the court.

A straightforward and correctly prepared application may proceed without a hearing. If the registrar identifies a problem, the court may issue a requisition.

A requisition may ask for:

– A corrected form
– A supplementary affidavit
– An explanation of a name difference
– Evidence concerning an executor
– Clarification of an alteration
– A revised proposed grant
– Evidence about the will’s execution
– Further material concerning a missing or damaged document

A requisition is not necessarily a rejection. It means the current documents do not yet establish everything required for the grant.

Read the request precisely. Do not answer a formal evidential question with an informal email unless the court confirms that this is sufficient.

## When a DIY Probate Application Is Usually Riskiest

Self-preparation is most realistic where:

– The original will is available
– The will appears properly signed and witnessed
– There is one willing adult executor
– Names and dates match
– There are no codicils or alterations
– The deceased died in New Zealand
– No validity dispute exists
– The estate structure is straightforward

Legal assistance should be strongly considered where:

– The original will is missing
– The will is damaged
– Witnessing appears defective
– A beneficiary witnessed the will
– The deceased used several names
– An executor has died or renounced
– The will contains handwritten amendments
– A later document has been found
– A caveat has been filed
– Someone disputes capacity or undue influence
– The estate involves overseas law
– The applicant is unsure what type of grant is needed

Preparing probate without a lawyer can save professional fees in a simple estate. It can also create extra delay and cost if the application is not truly straightforward.

The most important DIY skill is not confidence. It is recognising when the facts no longer fit the standard process.

## Frequently Asked Questions

### 1. Can an executor apply for probate without a lawyer in New Zealand?

Yes. An executor may prepare and file their own application. However, probate documents are prescribed High Court forms rather than ordinary fill-in templates, and the court cannot provide personal legal advice.

### 2. Which forms are normally required for probate?

An ordinary probate application commonly uses PR 1AA, PR 1 and PR 7. Additional affidavits or evidence may be necessary where the will, executor appointment or surrounding circumstances are unusual.

### 3. Is a death certificate required?

Official evidence of the death and its details is generally needed when preparing the application. The executor should obtain the formal death certificate and ensure the affidavit accurately reflects the recorded name, date and place of death.

### 4. Who can witness the executor’s affidavit?

An affidavit for use in the High Court can generally be sworn or affirmed before a Justice of the Peace, a solicitor of the High Court, or a Registrar or Deputy Registrar of the High Court or District Court.

### 5. Can the executor sign the affidavit before meeting the witness?

No. The executor should wait until they are physically before the authorised person and then swear or affirm the affidavit and sign it as directed.

### 6. What happens if the probate forms contain a mistake?

The court may raise a requisition asking for a correction or further evidence. If the error is in a sworn affidavit, a supplementary affidavit may be required rather than an informal alteration.

### 7. Can a photocopy of the will be used for ordinary probate?

A standard application generally relies on the original signed will. Where only a copy exists, additional evidence and a different or more complicated application may be needed to prove the will and explain the missing original.

### 8. When should an executor stop preparing the application alone?

Professional advice is sensible when the original will is missing or damaged, signing is irregular, executors cannot all act, names conflict, a caveat or dispute exists, or the executor is uncertain which grant or evidence is required.