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

When someone passes away without a valid will in New York, their estate becomes subject to the state's intestacy laws. These predetermined rules dictate how assets will be distributed—often in ways that might not align with what the deceased would have wanted.

What Are Intestacy Laws?

Intestacy laws are the default rules that govern how a person's assets are distributed when they die without a valid will. In New York, these laws are found in the Estates, Powers and Trusts Law (EPTL), particularly in Article 4.

How Assets Are Distributed Under New York Intestacy Laws

The distribution of assets follows a specific hierarchy based on surviving family members:

· If you have a spouse and no children: Your spouse inherits everything.

· If you have children but no spouse: Your children inherit everything, divided equally among them.

· If you have both a spouse and children:

o Your spouse receives the first $50,000 plus half of the remaining estate

o Your children equally share the other half

· If you have parents but no spouse or children: Your parents inherit everything.

· If you have siblings but no spouse, children, or parents: Your siblings inherit everything, divided equally.

· The law continues with more distant relatives if needed, and if no relatives can be found, the state ultimately claims the assets.

 

Important Considerations About Dying Without a Will

· Lack of Control: The state—not you—decides who gets your assets.

· Court-Appointed Guardians: If you have minor children, the court will appoint a guardian without your input.

· Potential Family Conflicts: Intestacy can create disputes among family members over asset distribution.

· Unmarried Partners Receive Nothing: New York law doesn't recognize unmarried partners in intestacy, regardless of relationship length.

Avoiding Intestacy

Creating a valid will is the simplest way to avoid intestacy. For residents of New York, a will must be in writing, signed by the testator and witnessed by at least two competent individuals.

Getting Started with Klausner Cook, PLLC

Schedule your free consultation today. While New York's intestacy laws provide a framework for asset distribution, they're no substitute for thoughtful estate planning. Creating a will ensures your assets go to those you choose and can save your loved one’s significant stress during an already difficult time.

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Klausner Cook, PLLC. or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.