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Claims, tax and law

Probate, estates and life insurance

Probate is the step that turns an insurance claim from weeks into months. Understanding when it is needed — and when it is not — is the difference between a family waiting and a family being paid.

Last reviewed 4 September 2026 · Written and checked by the Best Life Insurance editorial team · How we get paid

In short

  • Probate is the High Court confirming a will is valid and that the executor may act.
  • Where there is no will, the equivalent is letters of administration.
  • Insurers generally require one or the other before paying proceeds to an estate.
  • A valid beneficiary nomination usually removes probate from the critical path entirely.
  • Small estates below a threshold set by legislation can often be released without probate — check the current figure.
  • Probate is a legal process, so start it immediately and run it alongside the insurance claim.

What this is, plainly

When someone dies, the assets they owned personally form their estate. Before anyone can lawfully deal with those assets — sell the house, close the accounts, receive an insurance payout on the estate’s behalf — somebody has to be formally authorised to act. That authorisation is a grant of probate where there is a will, or letters of administration where there is not.

The application is made to the High Court, usually prepared by a solicitor, and it takes as long as it takes. It is not something an insurer controls, and it is not something a family can hurry by being persistent. It is simply a step that has to happen before an executor can be paid estate money.

This is why beneficiary nominations matter so much. A payout directed to a nominated person is not estate money, so the insurer does not need to see a grant before paying. The same claim, on the same policy, can settle in a few weeks with a nomination and take several months without one.

When probate is needed, and when it is not

Probate and insurance claims
SituationIs probate usually needed for the insurance?Notes
Valid nomination in favour of a personNoThe insurer pays the nominee directly
No nomination; proceeds fall to the estateYes, usuallyThe executor must be authorised before receiving estate money
Policy owned by a surviving partner or business partnerNoThe owner is alive and claims in their own right
Policy owned by a trustNoThe trustees claim, but the insurer will want the deed and trustee evidence
Small estate below the statutory thresholdOften notThresholds are set by legislation and change — check the current figure
No will and proceeds fall to the estateYes — letters of administrationSomeone must apply, which takes longer and costs more than probate on a will

General description of common New Zealand practice. Institutions apply their own policies below the statutory threshold, and thresholds change. Confirm the current position with a solicitor.

Running the two processes in parallel

  1. 1Notify the insurer immediately, regardless of the estate position. That opens the claim file and gets the pack sent.
  2. 2Instruct a solicitor on the estate at the same time, not after the insurance question is resolved.
  3. 3Ask the insurer whether a nomination exists. If it does, probate is off the critical path for that policy.
  4. 4Order several certified copies of the death certificate — the estate and the insurer both need them.
  5. 5Ask the insurer whether it will accept anything on an interim basis while probate is pending, such as a funeral advance.
  6. 6Keep the executor and the insurer talking to each other rather than through the family.

Not sure what cover you actually need?

That is the question an adviser is there to answer. Tell us your situation and a licensed New Zealand adviser will compare the market and come back with a written recommendation — including where you can cut cover you do not need.

No cost to you and no obligation. General information only — not personalised financial advice.

What to watch for

These are the details that decide whether the cover does what you expected. Read them before you compare on price.

  • Whether each policy has a nomination — this is the single fastest thing to find out.
  • Whether the estate has other assets requiring probate anyway, in which case the timing may not be avoidable.
  • Whether the current small-estate threshold applies to the amounts involved.
  • Whether the executor named in the will is willing and able to act.
  • Whether the estate has enough liquidity to meet debts and funeral costs while probate is pending.
  • Whether an overseas asset or an overseas executor complicates the application.

Where an adviser makes a difference

Every New Zealand insurer writes life cover to its own wording, and the words are where the money is. Two policies that look identical on price can pay very differently when it matters. Closing that gap is the entire job of an adviser.

  • An adviser will tell you in the first week whether a nomination exists, which decides whether probate is on your critical path.
  • They can lodge the insurance claim while the solicitor deals with the estate, so the two run in parallel.
  • They know which insurers offer funeral advances or interim payments while probate is pending.
  • At the planning stage, they structure cover so families are not waiting on a court process for money they need now.

There are three ways to buy life cover in New Zealand, and they are not equivalent. You can buy direct from one insurer, which means you see one product range and one underwriting appetite. You can buy through your bank, which usually means a single insurer’s product sold under the bank’s brand, often with narrower definitions. Or you can go through an adviser, who quotes several insurers at once and is required to put your interests first.

The premium you pay is the same either way. Insurers build adviser commission into their pricing whether or not an adviser is involved, so going direct does not get you a discount — it just removes the person whose job is to argue your corner at application and at claim time.

  • An adviser can see which insurer is currently taking your health history on standard terms, and which one will load or exclude it.
  • An adviser can structure cover across two insurers if that produces a better outcome than putting everything with one.
  • An adviser handles the underwriting back-and-forth, and is the person who chases the claim when a family is least able to.
  • An adviser has to document why the recommendation suits you, which is a written record you can hold them to.

What happens if you get in touch

We are a referral service, not an insurer. We do not quote premiums and we do not sell policies. What we do is put you in front of one licensed New Zealand adviser who can compare the market properly.

  1. 1

    You tell us what you are looking at

    The form takes about a minute. Nobody asks for your medical history on a web form — that conversation happens with the adviser, properly, and only once you have decided to proceed.

  2. 2

    An adviser calls you

    A licensed New Zealand adviser talks through your situation: who depends on you, what you owe, what you already have in place, and what you are actually worried about.

  3. 3

    They compare the market

    The adviser quotes across the major insurers, checks which of them will take your health history on the best terms, and puts the options side by side in writing.

  4. 4

    You decide, in your own time

    There is no obligation and no cost to you. If the answer is that you already have enough cover, a good adviser will tell you that.

Frequently asked questions

How long does probate take in New Zealand?

It varies with the complexity of the estate and with the court’s workload, and it is not something the family or the insurer can accelerate. Treat it as months rather than weeks, start it immediately, and do not let the insurance claim wait for it where a nomination makes that unnecessary.

Do you always need probate when someone dies?

No. Estates below the statutory small-estate threshold can often be dealt with on a statutory declaration, and assets that pass outside the estate — jointly owned property, trust assets, nominated insurance proceeds — do not require it. Whether you need it depends on what the deceased owned and how.

What are letters of administration?

The equivalent of probate where there is no will, or where the named executor cannot act. Someone applies to the High Court to be appointed administrator of the estate. It generally takes longer and costs more than probate on a valid will, which is one of the practical arguments for having a will.

Can the insurer pay the funeral director directly?

Some insurers will make a funeral advance or pay certain costs before the full claim is settled, and some New Zealand policies include a small bereavement benefit payable on proof of death. It is not universal, so ask early rather than assuming, and expect funeral directors to be used to waiting for an estate.

Who pays for probate?

The estate does, out of estate assets, as an administration cost before distribution. That is one reason an estate with no liquidity can be awkward — the costs of administering it have to be met before anything can be distributed.

Does a life insurance payout count towards the small-estate threshold?

Only if it forms part of the estate. A payout directed to a nominated beneficiary is not an estate asset at all. A payout with no nomination is, and it can push an otherwise small estate over the threshold — which is worth knowing before you decide against nominating.

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