What Happens If You Die Without a Will in New York?

Many people assume that when they pass away, their assets will automatically go to their loved ones in the way they intended. Unfortunately, without a properly executed will, this is rarely the case.

Dying without a will in New York triggers a legal process known as “intestate succession.” Instead of your personal wishes guiding the distribution of your home, savings, and sentimental items, the state’s default laws take over. These rigid statutes decide who gets what — and who gets left out completely. This can lead to unexpected outcomes, family disputes, and significant delays during an already difficult time for your grieving family.

Understanding how New York law handles an intestate estate is crucial for anyone who has yet to create an estate plan. It highlights the importance of taking control of your legacy before the state does it for you. The estate planning attorneys at the Law Offices of Diron Rutty, LLC can help.

Introduction to Intestate Succession in New York

When a resident of New York dies without a valid will, they are said to have died “intestate.” Since there is no document to specify beneficiaries, the New York Estates, Powers and Trusts Law (EPTL) dictates how the deceased person’s property is distributed.

This statutory framework creates a mandatory hierarchy of heirs based on familial relationships. It prioritizes legally recognized kin — specifically spouses, children, parents, and siblings — while excluding friends, charities, and unmarried partners, regardless of how close those relationships were.

The purpose of intestate succession is to provide a standardized method for passing property to family members, but it operates as a blunt instrument. It does not account for the nuances of modern family dynamics, such as stepchildren who haven’t been legally adopted or estranged biological relatives.

The Role of the Surrogate’s Court and Estate Administrators

Without a will naming an executor to manage your affairs, the local Surrogate’s Court must appoint someone to take on this role. In an intestate estate, this person is called an “administrator.”

Typically, the court grants letters of administration to the closest distributee (heir), often a surviving spouse or adult child. However, if multiple relatives have equal priority — such as several siblings — disagreements can arise over who should be in charge. This can lead to friction and potential litigation among family members.

The administrator’s duties are similar to those of an executor. They must collect the deceased’s assets, pay off debts and taxes, and distribute the remaining property in accordance with the law. This process often involves:

• Filing a petition in Surrogate’s Court.
• Notifying all potential heirs.
• Posting a bond to protect the estate’s value (an expense that can often be waived in a will).
• Providing a formal accounting of all transactions.

Because the court must oversee the appointment and ensure the protection of all potential heirs, administering an intestate estate can be more time-consuming and costly than probating a valid will.

Distribution Hierarchy: Who Gets What?

New York’s intestacy laws follow a strict “order of priority” to determine inheritance. Here is how assets are generally divided:

If You Have a Spouse but No Children

Your surviving spouse inherits everything. This is the simplest scenario under the law.

If You Have Children but No Spouse

Your children inherit the entire estate, divided equally among them. If a child has predeceased you but left behind their own children (your grandchildren), those grandchildren typically inherit their parent’s share.

If You Have a Spouse and Children

This is where many people are surprised by the law. If both your spouse and children survive you, your spouse does not inherit everything.

• The spouse receives the first $50,000 of the estate plus one-half (50%) of the remaining balance.
• The children inherit the other half of the remaining balance, divided equally.

This split can create complex financial situations, particularly if the main asset is the family home or if the surviving spouse relies on those funds for living expenses.

If You Have No Spouse and No Children

The order of succession proceeds to other relatives:

1. Parents: If surviving, they inherit everything.
2. Siblings: If no parents survive, siblings inherit everything. Nieces and nephews may inherit if their parent (your sibling) has passed away.
3. Grandparents, Aunts, Uncles, and Cousins: If none of the immediate family members listed above are alive, the law looks to more distant relatives.

If absolutely no living relatives can be located, the estate “escheats” to the State of New York.

Challenges for Unmarried Partners and Stepchildren

One of the harshest realities of dying without a will involves those who are not legally related to you.

Unmarried Partners

Under New York intestacy laws, a “spouse” refers only to a person to whom you were legally married. Registered domestic partners, fiancés, and long-term girlfriends or boyfriends have zero inheritance rights. Even if you lived together for 30 years and shared all expenses, your partner could inherit nothing, potentially losing their home if it was titled solely in your name.

Stepchildren

Similarly, stepchildren whom you have not legally adopted are generally excluded from intestate succession. Even if you raised them as your own, the law will bypass them in favor of biological or adopted relatives.

Non-Probate Assets vs. Intestate Estate

It is important to note that intestacy laws do not control every asset you own. They apply only to “probate assets” — property held solely in your name without a designated beneficiary.

“Non-probate assets” bypass the court process entirely and go directly to the named beneficiary or joint owner. Common examples include:

• Life insurance policies with a designated beneficiary.
• Retirement accounts (like IRAs or 401(k)s) with named beneficiaries.
• Jointly owned real estate with “rights of survivorship” (often owned by spouses).
• Bank accounts with “Payable on Death” (POD) or “Transfer on Death” (TOD) designations.

These assets transfer automatically upon death, regardless of whether you have a will or not. However, relying solely on beneficiary designations is rarely a substitute for a comprehensive estate plan, as it fails to address tangible personal property, residual assets, or guardianship for minor children.

Protect Your Legacy Today

The default rules of New York State are designed to approximate what the average person might want, but they rarely match an individual’s specific wishes perfectly. Intestate succession removes your voice from the conversation, leaving your family to navigate complex regulations during their time of grief.

Creating a will allows you to choose your own executor, designate guardians for your minor children, and ensure your assets go exactly where you want them to — whether that means providing for an unmarried partner, leaving a legacy to a charity, or protecting a specific heirloom for a loved one.

Don’t leave your family’s future up to state statutes. If you live in New York City or the surrounding areas and do not have a will, contact the estate planning attorneys at the Law Offices of Diron Rutty, LLC. We can help you craft a clear, legally binding plan that protects your assets and provides peace of mind for the people you love most.