What does 'fee waiver' mean?
When you apply to the High Court for probate or letters of administration, you have to pay a ‘filing fee’ to the Court. That fee is $200.
You can ask for that fee to be waived (cancelled), on grounds of financial hardship.
You can apply for a fee waiver before you send any other documents to the High Court.
Alternatively, you can apply for a fee waiver when you send your application documents to the High Court.
This page tells you more about it: https://www.justice.govt.nz/courts/going-to-court/court-fees/apply-for-help-to-pay-court-fees/
You need to choose the right form – it depends on whether or not your income is mostly from a Work and Income benefit. If your income is mostly from a benefit, you don’t have to provide as much information and the form is slightly simpler.
You can download the relevant application form here:
- If you’re dependent on a benefit: Waiver-Court-Fees-individual-July-2018.pdf (justice.govt.nz)
- If you’re not dependent on a benefit: https://www.justice.govt.nz/assets/application-for-waiver-individ-prev-waiver.pdf
You’ll need to provide proof of Work and Income benefit (if any), or other proof of your finances.
Please do not ask Kiwilaw to help you with the application form. It takes time – and we will have to charge you for that time. Instead, if you need help, ask a friend or family member, OR your local community law centre, OR your local Citizens’ Advice Bureau.
If you have any feedback about the information on this page, please let us know.
On the form...
Step 1 – Court case details:
File number – leave this blank
Name of proceeding – Estate of NAME OF DECEASED – application for probate OR application for letters of administration on intestacy OR application for letters of administration with will annexed (if you have used our screening form and we have replied, we will have told you what type of application is being made)
Court your application is for: HIGH COURT
Step 2 – Your details – fill those in
Step 3 – Tell us about the fee
Amount – $200
Waive the fee
Fee is for filing the following documents: Application for letters of administration
Why you’re applying for a fee waiver – NOT legal aid – DEPENDENT on benefit (or provide financial details)
Step 4 – Ask for processes to continue
Leave this blank UNLESS you need to progress this urgently.
If you are going to apply for probate, you do have authority to do urgent estate administration in the meantime.
If you are going to apply for letters of administration, nobody has the authority to do urgent estate administration in the meantime. Perhaps say something like, ‘If this is going to take longer than a month, I need to be able to file the application for letters of administration in the meantime, because nobody has authority to administer my father’s estate.’
Step 5 – attach appropriate documents.
Follow the instructions.
Steps 6-8 – sign, check, submit the form
Finish the form – sign it, check it.
Submit it to the Wellington High Court, even if there is another High Court closer to where you live. All applications for probate or letters of administration go to the Wellington High Court.
At this stage I can’t tell you how long it normally takes for a fee-waiver application to be processed, especially if it is sent in before you send the actual application for probate or letters of administration. I have asked the Probate Unit. I’ll update this page when I have an answer. (In the meantime, if you haven’t heard back after a month, contact them and ask for an update.)
Send your application form and supporting information to probate@justice.govt.nz.
Cheryl Simes – 13 December 2023
