Your Executors FAQs

Apply for probate (if required), secure assets, pay debts/taxes/expenses, keep proper records, account to beneficiaries, and distribute the estate as the Will directs. They also handle practical admin (banks, utilities, subscriptions, agencies) and work with professionals when needed.

Any adult of sound mind — commonly a spouse/partner, adult child, trusted friend, or a professional (lawyer or trustee company). You may appoint more than one Executor and name a backup.

Yes — this is common in NZ (e.g., a spouse, partner, or adult child). Note that witnesses are different: a beneficiary should not witness your Will or their gift may be affected — choose independent witnesses.

Up to three is usual. One or two trusted Executors often works best. Always consider naming a backup in case someone can't act.

For complex estates (business interests, trusts, overseas assets, conflict risk), a professional Executor can be sensible. They charge fees but bring expertise and neutrality. Many people name a trusted person plus a professional backup.

Yes, but it can add delay and cost (identity checks, affidavits, cross-border steps). Where possible, include at least one NZ-based Executor or a backup based in NZ.

Yes — NZ law allows an Executor to be a witness. However, a witness who is also a beneficiary will generally lose their gift. Use independent witnesses who aren't beneficiaries (or the partners of beneficiaries).

Executors are reimbursed for reasonable expenses. An Executor's fee/commission is only payable if authorised by the Will or by the court. Professional Executors (law firms, trustee companies) charge for their services.

Executors usually wait around six months after probate before final distribution so claims can be made and liabilities settled. Interim distributions are possible with care.

Probate is High Court confirmation that the Will is valid and the Executor has authority. The named Executor applies to the High Court with the original will and the required documents.

Executors are fiduciaries: act in good faith, keep proper accounts, be impartial between beneficiaries, avoid conflicts of interest, and exercise reasonable care and diligence.

Your named backup can step in. If no backup is named, the court can appoint an administrator. If an Executor won't prove or renounce within a reasonable time, court processes exist to move the estate forward.

No — they must follow the Will (or the law if no will). They can realise assets to pay debts and then distribute as the Will directs, but they can't override the Will's gifts or shares.

It varies. After probate, Executors typically hold the estate for around six months before final distribution so claims can be made and liabilities settled. Complex estates take longer; interim distributions are sometimes possible with care.

Maintain an accurate asset inventory and detailed accounts of all receipts and payments, with dates and supporting documents. Beneficiaries can be entitled to an accounting.

Yes. An Executor can renounce before proving the Will, or “reserve power” (take no active role while others act). The court can remove/replace Executors in limited circumstances (e.g., inability, dishonesty).

Executors should act jointly and reasonably. If there's deadlock, get legal advice; the court can give directions. Keeping the number of Executors to one or two can reduce stalemates.

Notifying banks/insurers/employers, closing utilities and subscriptions, securing property, redirecting mail, locating assets, liaising with IRD and the Court as needed — often with professional help.