Being named as an executor is an important responsibility. It means you have been trusted to carry out someone’s wishes after they die and help manage the process of administering their estate.
For many people, this role comes at an already difficult time. There can be paperwork to gather, family members to communicate with, assets to identify, debts to pay, and legal steps to work through before anything can be distributed.
While some estates are relatively straightforward, others can quickly become more complex than expected, particularly where rural, business, or trust assets are involved. That is where practical legal guidance can make a real difference.
At Treadwell Gordon, our wills and estates team helps executors and families understand what needs to happen, what to look out for, and how to move through the process as smoothly as possible.
An executor is the person, or people, named in a will to administer the estate.
In simple terms, the executor’s role is to:
It is a role that carries legal responsibilities. Even where everyone in the family is on good terms, it is important the process is handled carefully.
Executors can also be personally exposed if assets are distributed too early or key steps are missed, so understanding the process from the outset is important.
Probate is the formal approval from the High Court that confirms a will is valid and that the executor has authority to deal with the estate.
Not every estate will require probate. In New Zealand, the probate threshold has recently increased from $15,000 to $40,000. This means that, in some cases, smaller estates may be able to be dealt with more simply.
However, it is important not to assume probate is unnecessary. Whether probate is required will depend on the assets involved, how they are owned, and the requirements of the banks, financial institutions or other organisations holding those assets.
This is one area where executors can get caught out. Taking advice early can help avoid delays or unnecessary back-and-forth later, and can help confirm the right approach before steps are taken.
Some executors start the process themselves, often with the aim of saving costs. That can be understandable, especially if the estate appears simple at first.
However, estate administration can involve more than people expect. Complications can arise where there is:
Some estates can be completed within a few months, while others take longer depending on assets, family circumstances or potential claims.
Small mistakes or missed steps can cause delays, increase stress, or create issues between family members. Our team deals with estate matters regularly and knows the common pressure points. We can help executors understand what is required, avoid unnecessary complications, and keep the process moving.
Being an executor does not mean you need to know everything from the start. Often, the most helpful first step is understanding what type of estate you are dealing with, whether probate is required, and what needs to happen next.
Treadwell Gordon’s wills and estates team can help executors work through the process clearly and practically, including reviewing the will, preparing probate applications, managing estate assets, communicating with beneficiaries, and assisting with estate accounts and distributions.
Because every estate is different, our team can also bring in the right expertise if more complex issues arise - including property, trusts, tax-related questions or estate disputes.
If you have been named as an executor, or you are unsure where to start after someone has passed away, contact us to speak with one of our experienced wills and estates team.
