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Anyone of legal age and sound mind, who owned property (real or personal) in New Zealand, had the right to leave a will. The probate process began with a testator executing a will, followed by witnesses attesting and subscribing the will. After the death of a testator, the will was probated by the executor, usually at the court nearest the deceased’s place of residence.  
Anyone of legal age and sound mind, who owned property (real or personal) in New Zealand, had the right to leave a will. The probate process began with a testator executing a will, followed by witnesses attesting and subscribing the will. After the death of a testator, the will was probated by the executor, usually at the court nearest the deceased’s place of residence.  
Some wills were not probated in a court. If the estate was small and there were no disagreements among the heirs, it was not necessary to probate the will. Many such wills are found only in family papers or in the private files of the lawyer who drew up the document.
An individual who left a will is said to have died testate. Someone who did not leave a will (or a valid will) died intestate. The disposition of an intestate person’s estate is found in letters of administration. 
A will disposing of property only in a foreign country could not be probated in New Zealand. In this instance, it is necessary to determine the deceased’s country of origin or the area where property was owned to access appropriate probate documents.
Primary records of genealogical value created in the probate process include wills (those disposing of land or real property), testaments (those disposing of personal property), letters of administration and probate register books. Often a will and testament are included together in one document.


Whereas a will was the only record necessary for the transfer of property and belongs to family and close friends, disagreements often occurred. To solve such disagreements, all those involved instigated a probate. The records in this collection represent the eventual conclusions of those probate hearings.  
Whereas a will was the only record necessary for the transfer of property and belongs to family and close friends, disagreements often occurred. To solve such disagreements, all those involved instigated a probate. The records in this collection represent the eventual conclusions of those probate hearings.  
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Even though probate records were not created for every person who died, they are very helpful for research because civil authorities began recording probate actions earlier than they recorded birth and death records.  
Even though probate records were not created for every person who died, they are very helpful for research because civil authorities began recording probate actions earlier than they recorded birth and death records.  
To learn more about the probate records, the article [[New Zealand Probate Records]] has an expanded description of the records.


For a list of records by localities and dates currently published in this collection, select the [https://www.familysearch.org/search/image/index#uri=https%3A//api.familysearch.org/records/collection/1865481/waypoints Browse].  
For a list of records by localities and dates currently published in this collection, select the [https://www.familysearch.org/search/image/index#uri=https%3A//api.familysearch.org/records/collection/1865481/waypoints Browse].  
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The following citation refers to the original source of the information published in FamilySearch.org Historical Record collections. Sources include the author, custodian, publisher and archive for the original records  
The following citation refers to the original source of the information published in FamilySearch.org Historical Record collections. Sources include the author, custodian, publisher and archive for the original records  


{{collection citation
{{Collection citation
| text= Supreme Court. New Zealand, Probate Records. National Archives, Wellington, New Zealand.}}  
| text= Supreme Court. New Zealand, Probate Records. National Archives, Wellington, New Zealand.}}  


Digital images of originals housed at various municipal archives throughout New Zealand.  
Digital images of originals housed at various municipal archives throughout New Zealand.  


[[New Zealand Probate Records (FamilySearch Historical Records)#Citation_Example_for_a_Record_Found_in_This_Collection|Suggested citation format for a record in this collection.]]  
[[New Zealand Probate Records (FamilySearch Historical Records)#Citation_Example_for_a_Record_Found_in_This_Collection|Suggested citation format for a record in this collection.]]


== Record Content  ==
== Record Content  ==
HawkBlade124
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