When a New York resident dies without a will, family members may wonder who inherits the property and who will have the authority to handle the estate. New York’s intestacy laws answer these questions based on the person’s surviving relatives and the assets they leave behind.
New York law determines who inherits
New York law sets the order of distribution of property when someone dies without a will. If the person leaves a spouse and children, the spouse receives $50,000 plus half of the remaining estate. The children divide the remaining half of the estate in accordance with New York’s rules of representation.
For example, if a decedent leaves a spouse and two children and a $150,000 estate, the spouse receives $50,000 plus half of the remaining $100,000. That gives the spouse $100,000, while the two children divide the remaining $50,000.
If the person leaves a spouse but no descendants, the spouse generally receives the entire estate. If no spouse or descendants survive, New York law looks to parents, siblings and other relatives in a specific order.
An administrator manages the estate
Without a will, the deceased person did not name an executor. An eligible relative can ask the Surrogate’s Court to appoint an administrator.
The administrator gathers estate assets, pays valid debts and expenses, handles required court matters and distributes the remaining property according to New York law.
A small estate may qualify for a simpler process
New York allows voluntary administration when the decedent’s qualifying personal property does not exceed $50,000. The process can apply whether or not the person had a will. It does not generally provide authority to administer real property that the decedent owned solely.
Some assets may also pass outside the estate. Joint ownership and valid beneficiary designations can determine who receives those assets.
New York law fills the gap when there is no will
Dying without a will does not leave a family without legal options. Instead, New York law determines who inherits and how the estate moves through the court system. Identifying the heirs, assets and applicable estate process can help families understand what comes next.