Dying without a will in New Zealand: who inherits under the intestacy rules

Written by Henry Smith · Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Updated 2026-09-09 · Reviewed annually, or sooner if the rules it describes change.

Dying without a will in New Zealand ("intestate") means the Administration Act 1969 fixes who inherits, not you: a surviving spouse or partner takes all personal chattels plus a "prescribed amount" of $155,000 from the residue, and the rest is split with children or parents under a set order (Administration Act 1969, s77, retrieved 9 September 2026).

What happens if a person dies without a will in NZ?

New Zealand's intestacy rules apply automatically to any estate, or part of an estate, that a will does not cover, whether because no will exists at all or because it is invalid or incomplete (Administration Act 1969, s77, retrieved 9 September 2026). The Act sets out exactly who inherits, in a fixed order based on who survives the deceased: a spouse or partner, children, parents, siblings, and then more distant relatives, with nothing left to personal preference.

What happens if a person dies and does not have a will?

Their estate is distributed under the Administration Act 1969's intestacy rules rather than by their own choice, with a surviving spouse, civil union partner or de facto partner, children and parents entitled to fixed shares depending on who survives (Administration Act 1969, s77, retrieved 9 September 2026). See the full table below for exactly how the shares split in each family situation.

Who inherits if no will in NZ?

It depends entirely on who survives the deceased. A spouse or partner with no children or parents surviving takes everything; a spouse or partner with children takes personal chattels, $155,000, and a third of what remains, with two-thirds held for the children; and if there is no spouse, partner or children, parents, then siblings, then more distant relatives inherit in that order (Administration Act 1969, s77, retrieved 9 September 2026).

The intestacy table

This is the full order of who inherits under section 77 of the Administration Act 1969, as it applies from most common situation to least common:

Who survives	Personal chattels	Residue of the estate
Spouse/partner, no children, no parents	Spouse/partner takes all	Spouse/partner takes the $155,000 prescribed amount plus everything else
Spouse/partner and children	Spouse/partner takes all	Spouse/partner takes $155,000 plus one-third of the rest; children get two-thirds, held on trust
Spouse/partner, no children, but parents	Spouse/partner takes all	Spouse/partner takes $155,000 plus two-thirds of the rest; parent(s) get one-third
Children, no spouse/partner	–	All held on trust for the children
No spouse/partner, no children, but parents	–	All to parent(s) equally
No spouse/partner, no children, no parents, but siblings	–	All held on trust for siblings
None of the above, but grandparents/aunts/uncles	–	Split between maternal and paternal sides in a defined order

Source: New Zealand Legislation, Administration Act 1969, s77, retrieved 9 September 2026; Administration (Prescribed Amounts) Regulations 2009, regulation 5, retrieved 9 September 2026, which sets the $155,000 figure. Public Trust and Community Law both confirm the same order in plain English (retrieved 9 September 2026).

Who is entitled to inherit if there is no will?

The order is fixed by the table above: a spouse, civil union partner or de facto partner first, then children, then parents, then siblings, then more distant relatives, with a surviving spouse or partner always taking personal chattels and the first $155,000 of the residue where children or parents also survive (Administration Act 1969, s77, retrieved 9 September 2026).

What is the $155,000 figure, exactly?

It is the "prescribed amount" a surviving spouse, civil union partner or de facto partner is entitled to from the residue of the estate before children or parents receive anything, set by regulation under the Administration Act 1969 (Administration (Prescribed Amounts) Regulations 2009, regulation 5, retrieved 9 September 2026). This is a different, larger figure from the separate $40,000 small-estates administration threshold under section 65 of the same Act, so do not confuse the two; the $155,000 figure is specifically the intestacy prescribed amount under section 77.

The three different "prescribed amounts", and why they are often confused

The Administration Act 1969 sets three separate dollar figures by regulation, for three different purposes, and online sources frequently mix them up:

Figure	What it is actually for
$155,000	The surviving spouse or partner's statutory legacy from the residue on intestacy (section 77)
$40,000	The small-estates threshold that lets a bank, insurer or employer pay out without a full probate or administration application (section 65)
$15,000	A narrower threshold under sections 64(1) and 64A(3) of the Act, unrelated to intestacy shares

Source: Administration (Prescribed Amounts) Regulations 2009, regulations 4, 4A and 5, retrieved 9 September 2026. Only the $155,000 figure is relevant to who inherits under intestacy; see our probate in NZ guide for the small-estates $40,000 threshold.

Common questions about intestacy

Can I take money out of my dad's bank account after he dies?

Not directly, unless you are the appointed administrator of the estate (the intestate equivalent of an executor) or the bank agrees to release funds under a small-estates provision, and the estate must go through the same process banks require for any deceased person's account (Administration Act 1969 and bank practice, retrieved 9 September 2026). See our debts when someone dies guide for how banks generally treat a deceased person's accounts.

How to avoid probate in New Zealand?

Probate itself is generally required for larger estates whether or not a will exists, though intestate estates instead need "letters of administration" rather than probate specifically, and small estates can sometimes be dealt with under the Administration Act 1969's small-estates provisions without a full court application (see our probate in NZ guide). Having a valid will does not remove the need for probate on a larger estate, but it does remove the uncertainty of the intestacy rules over who inherits.

How much does probate cost in NZ?

Probate costs vary by provider and estate complexity; named law firm PK Law publishes $2,500 in fees plus a $269 High Court filing fee for a straightforward probate application, and $3,300 plus disbursements for letters of administration specifically, which is the intestate equivalent (PK Law, Pricing, retrieved 9 September 2026). See our dedicated probate in NZ guide for the fuller picture across providers.

Which child should be executor or administrator on an intestate estate?

Where there is no will, there is no "executor" as such; instead, the court grants "letters of administration" to an eligible applicant, commonly the surviving spouse or partner, or otherwise the person or people with the largest entitled share under the intestacy rules, following the priority the Administration Act 1969 sets for who the court may grant administration to (Administration Act 1969, retrieved 9 September 2026). This is a legal application, not simply a family choice, and PK Law's own pricing notes that if a spouse is applying they may need independent advice on their choice of option under the Property (Relationships) Act, since intestacy and relationship property interact.

Does the Property (Relationships) Act change what a surviving spouse or partner gets under intestacy?

Potentially, yes. A surviving spouse or partner can sometimes choose between taking their entitlement under the will or intestacy rules, or applying instead under the Property (Relationships) Act 1976 for a division of relationship property, and independent legal advice is generally required to make that choice properly (PK Law, Pricing, retrieved 9 September 2026). See our guide to the Property (Relationships) Act in NZ for how that Act works.

Intestacy and having a will lead to genuinely different outcomes in several common situations, which is where the real cost of not having a will shows up:

Situation	Under intestacy	With a will
Unmarried partner together less than 3 years, no formal de facto status	May receive nothing under the intestacy rules	Can be named as a beneficiary directly
Blended family, stepchildren not legally adopted	Stepchildren generally do not inherit under intestacy	Can be included as beneficiaries
Wanting to leave something to a friend or charity	Not possible; the estate follows the fixed statutory order	Fully possible
Choosing your own executor or administrator	Not possible; the court appoints an administrator	You choose your executor

Source: Administration Act 1969, s77, and general legal guidance on intestacy's limits, retrieved 9 September 2026. See our Property (Relationships) Act in NZ guide for how the 3-year rule specifically works.

Do stepchildren inherit under intestacy in NZ?

Not automatically. The Administration Act 1969's intestacy table refers to "issue", which generally means biological or legally adopted children, so a stepchild who has not been legally adopted by the deceased typically does not inherit under the intestacy rules even if they were raised as family (Administration Act 1969, s77, retrieved 9 September 2026). A will is the way to include a stepchild who would not otherwise inherit.

Does an unmarried partner of under 3 years inherit under intestacy?

Not under the Administration Act 1969's own definitions in most cases, since the Act's spouse/partner category generally reflects the same relationship recognition used elsewhere in family law, including the Property (Relationships) Act's 3-year threshold for full relationship property rights (see our Property (Relationships) Act in NZ guide). A will is the reliable way to provide for a partner in a shorter relationship.

Can family members contest an intestate distribution?

Yes, in limited circumstances, generally through the Family Protection Act 1955 if someone the deceased had a moral duty to provide for was left out or under-provided for, though this is a separate legal process from the intestacy rules themselves and needs its own legal advice (general New Zealand succession law; see our probate in NZ guide for the timing rules that interact with this).

Why a will matters more than people expect

QuoteHub's read is that intestacy is not a disaster, since New Zealand's fixed order is broadly what most people with a spouse and children would choose anyway, but it becomes a real problem the moment your actual wishes differ from that default: an unmarried partner of under 3 years, a blended family, a friend or charity you want to include, or simply wanting to choose your own executor instead of the courts deciding. A will costs as little as $69, or nothing at all through our own free will service, against the cost and delay of letting the Administration Act 1969 decide instead.

This page is part of our estate planning cluster. See making a will in NZ for how to avoid this outcome, will templates in NZ for the free and paid options, testamentary trusts in NZ for protecting young or vulnerable beneficiaries, the Property (Relationships) Act in NZ for how a relationship affects entitlement, and who gets your life insurance payout in NZ since a policy often bypasses intestacy entirely depending on ownership. For the practical process after a death, see our when someone dies cluster, including probate in NZ, how long probate takes, the executor of a will in NZ, debts when someone dies and who to notify after a death. Our estate planning and insurance guide, life insurance beneficiaries guide, life insurance and inheritance guide and insurance for blended families guide cover how cover and family structure fit alongside a will. Our life insurance product hub covers cover options directly. Try our own free will service, and see how it works and our methodology for how QuoteHub builds its guides.

Financial advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). QuoteHub is a trading name.

Adviser's view

People often assume dying without a will leaves the outcome unclear or up to a court, when in fact New Zealand's fixed statutory order usually mirrors what a spouse and children would choose anyway. QuoteHub's read is that the real risk sits with the situations intestacy does not anticipate: an unmarried partner together less than three years, a stepchild never legally adopted, or a friend or charity you wanted to include, none of whom inherit automatically under the fixed shares.

Henry Smith, Financial Adviser (FSP1010699). General information, not personalised financial advice.

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Cite this page QuoteHub NZ (2026). Dying Without a Will in NZ: Who Inherits (Intestacy Rules). www.quotehub.co.nz/guides/estate/dying-without-a-will-nz. Updated 2026-09-09.