What happens if you die without a will in New Zealand

Written by Henry Smith · Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Updated 2026-10-20 · Reviewed quarterly, when the underlying data is restated.

Dying without a will (dying "intestate") means the Administration Act 1969 decides who inherits. Under section 77, a surviving partner takes the personal chattels and a fixed sum, currently $155,000 plus interest, and then shares what is left with the deceased's children or parents in set proportions. Where there is no partner, the estate goes to children, then parents, siblings and more distant relatives, and in the end to the Crown. Before land and larger holdings can move, someone must also get letters of administration from the High Court. This is general information, not legal advice.

The 2025 regulations raised the payment threshold in section 65 to $40,000 but did not change the $155,000 figure, and the two numbers are often mixed up. Intestacy cannot be bent to match your wishes: it does not recognise a friend or charity, and it treats a de facto partner of under three years, a stepchild or an estranged relative by fixed rules.

Who inherits: the section 77 table

"Chattels" are basically everything other than land, buildings and money. "Issue" means children and their descendants. The "statutory trusts" are how a share for children or siblings is held.

Who survives	What they get
Partner only (no children, no parents)	The partner takes everything: chattels, $155,000 plus interest, and the rest
Partner and children	Partner: chattels, $155,000 plus interest, and one third of the rest. Children: two thirds of the rest, on statutory trusts
Partner and parent(s), no children	Partner: chattels, $155,000 plus interest, and two thirds of the rest. Parent(s): one third
Children only	All on statutory trusts for the children
Parent(s) only	Equally between them
Siblings only	On statutory trusts for the siblings
None of the above	Grandparents, then aunts and uncles (maternal and paternal halves)
No relatives	The Crown

Source: Administration Act 1969, s77, retrieved 20 October 2026. The $155,000 figure ("currently $155,000") is confirmed by Community Law and Public Trust; interest runs from the date of death at the section 39 rate.

A worked example, with round numbers only and ignoring chattels, interest, debts and costs: an estate of $500,000 with a surviving partner and two children. The partner takes $155,000, leaving $345,000, of which the partner takes a third (about $115,000) and the children share two thirds (about $230,000) on trust. The partner would receive about $270,000 in total. Using the partner's choice under the Property (Relationships) Act, covered below, can change this.

Three figures that get confused

Figure	What it is for
$155,000	The partner's fixed sum from the estate on intestacy (section 77)
$40,000	The most a payer such as a bank or insurer may choose to pay without a grant, from 24 September 2025
$15,000	Still the limit for government and local authority stock (s64(1)) and company shares (s64A(3))

Sources: Administration Act 1969; SL 2025/158; retrieved 20 October 2026. The $121,500 in section 82A of the Act is a fallback that is not current.

Which partners count, and who is left out

Partners. The Act covers spouses, civil union partners and de facto partners. A de facto partner in a "relationship of short duration" (under 3 years, or 3 or more if a court thinks it just; Property (Relationships) Act s2E) is excluded unless a court finds a child of the relationship, or a substantial contribution and serious injustice (Administration Act s77B). A separation order removes a spouse's or civil union partner's rights (s77A).
Stepchildren. Section 77 does not name them. A stepchild who was being maintained by the deceased may claim under the Family Protection Act (s3(1)(d)), but that is a claim, not an entitlement. See contesting a will.
Friends and charities. They cannot inherit on intestacy.
No relatives. Public Trust engages a genealogist, and the estate then goes to the Government. People who think they should have benefited can apply to the Treasury.

Does a surviving partner have a choice?

Yes. Under the Property (Relationships) Act 1976 (ss61 to 68), a surviving partner can apply for a division of relationship property (option A) or take what the will or intestacy gives them (option B). The choice must be made within 6 months of the grant, in writing with a lawyer's certificate lodged with the administrator. If no choice is made, option B applies. An extension is possible only if requested before the estate is finally distributed. PK Law prices its advice on the choice at $1,500. See relationship property.

Jointly held assets pass outside the shares

A joint bank account goes immediately and in full to the surviving owner and is not part of the estate. Land held as joint tenants goes to the survivor, who needs a lawyer to transfer the title; a tenant in common's share goes into the estate and follows the table above (Community Law). Life insurance depends on ownership and nomination; see who gets your life insurance payout. KiwiSaver is paid to the estate or under section 65.

Letters of administration: who applies, what it costs, how long it takes

With no will there is no executor. The High Court grants letters of administration, usually to the closest relative or sometimes to a trustee company or Public Trust (Community Law); other people with an equal or greater right may need to agree in writing. Letters are not the same as probate, which confirms a will. The fee for probate and letters of administration is $275 (updated 22 July 2026), and a Registrar can waive, postpone or refund it (Ministry of Justice). The Ministry's guide covers only straightforward estates and calls letters of administration complex, advising you to get advice.

Law firm prices show the legal cost. PK Law publishes $3,300 plus disbursements for letters of administration, and "from $4,500" or "from $7,000" for more complex estates (PK Law, undated). A grant typically takes 15 working days according to the Ministry of Justice, unless more information is needed; govt.nz says 6 to 8 weeks and Public Trust says "around 6-8 weeks" with the court under heavy demand. Treat these as ranges, not promises.

Until the grant, banks and other holders may not allow access, though many will release up to $40,000 per institution without one, and banks can release money for the funeral. See letters of administration, probate and administering a deceased estate.

Intestacy compared with a will

Situation	Without a will	With a will
De facto partner of under 3 years	Excluded unless a court finds a child or serious injustice	You can name them
Stepchildren	Not named in section 77	You can include them
A friend or charity	Cannot inherit	You can name them
Choosing who administers	The court grants letters, usually to the closest relative	You name your executor
Court step	Letters of administration	Probate, if needed

A will must be in writing, signed and witnessed by two people present together, and you must be 18 or over, with narrow exceptions (Wills Act 2007, ss9 to 11). Costs and options are in making a will; Public Trust charges $68 for a signing appointment, and PK Law starts at $750 for a single person (excluding GST). Tools beyond a will, such as enduring powers of attorney, are in the estate planning hub.

If you are reading this because someone has died

You are not alone if no will turns up. Check the High Court, the family's lawyer and Archives New Zealand; if all efforts fail the estate is usually treated as having no will (see how to find a will). Registering the death and ordering certificates are separate steps (when someone dies). If there is a funeral to pay for before anything is released, banks can release money for it, and the Funeral Grant (maximum $2,697.43) may help; see funeral costs.

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.

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Adviser's view

For a couple with children the fixed shares are often close to what people would choose, but they bend badly for anyone outside the formula: a de facto partner of under three years, a stepchild, a friend, a charity. Your family also needs the High Court's letters of administration, at a $275 fee plus legal costs, before land and larger holdings can move. On PK Law's published prices, a simple will costs far less than letters of administration.

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 NZ: Intestacy Rules. www.quotehub.co.nz/guides/estate/dying-without-a-will-nz. Updated 2026-10-20.