New York Intestate Succession
New York intestate succession guide covering who inherits without a will, spouse and child shares, parents, siblings, distributees, and administration filings.
When a New York resident dies without a valid will, that person died intestate. New York intestacy law decides who receives probate property.
Intestacy does not control every asset. It applies to property that does not pass by will, beneficiary designation, joint ownership, trust, or another nonprobate transfer.
Quick Snapshot
| Family situation | New York intestate share |
|---|---|
| Spouse and no issue | Spouse receives all |
| Spouse and issue | Spouse receives $50,000 plus one-half of the residue, issue receive the balance by representation |
| Issue and no spouse | Issue receive all by representation |
| Parents, no spouse or issue | Parent or parents receive all |
| Siblings, no spouse, issue, or parents | Issue of parents receive by representation |
What Intestate Means
CourtHelp says a person who dies without leaving a Last Will and Testament has died intestate. In New York, the main no-will distribution law is EPTL 4-1.1.
Family members entitled to share in an estate when there is no will are called distributees. Distributees also matter in probate cases because they usually must receive notice even when a will exists.
Spouse Shares
EPTL 4-1.1 gives the surviving spouse the entire intestate estate if there are no issue.
If the decedent leaves a spouse and issue, the spouse receives $50,000 plus one-half of the residue. The issue receive the balance by representation.
Children and Other Issue
If there is no surviving spouse, issue receive the whole intestate estate by representation.
CourtHelp explains that grandchildren step into a deceased child's place only when the decedent's child died before the decedent.
Adopted children inherit like biological children under CourtHelp's no-will guidance. Children placed in care and stepchildren do not inherit through intestacy unless they were legally adopted.
Parents, Siblings, and More Remote Family
If there is no spouse and no issue, EPTL 4-1.1 gives the estate to one or both parents.
If there is no spouse, issue, or parent, the estate passes to issue of the parents by representation. In ordinary language, this often means siblings, or descendants of deceased siblings.
The statute then has rules for grandparents and issue of grandparents, with limits on how remote the relatives can be.
Half-Blood, Posthumous, and Adopted Relatives
EPTL 4-1.1 treats half-blood relatives as whole-blood relatives for intestacy.
Relatives conceived before death and born alive afterward take as if they were born during the decedent's lifetime.
Adopted child succession rights continue as provided in the Domestic Relations Law.
Who Can File the Estate Case?
If there is no will, the court path is usually administration or voluntary administration.
CourtHelp says the closest distributee can file for administration or small estate. A surviving spouse has a prior right over children. If there is no surviving spouse, the children have equal rights to each other.
If the person with prior right does not want to administer the estate, that person can sign a renunciation and waiver. CourtHelp notes that this does not mean the person gives up an inheritance share.
No Family
CourtHelp says that if the decedent has no family at all, the property goes to New York State.
This is uncommon and fact-sensitive. Search carefully for distributees before assuming no family exists.
Intestacy Planning Issues
Intestacy is a default rule, not a plan. It may not match the decedent's wishes.
Common gaps include unmarried partners, stepchildren who were not adopted, friends, charities, pets, unequal gifts, personal items, digital assets, and who should handle the estate.
A will, beneficiary review, trust planning, financial power of attorney, and health care proxy can answer questions intestacy does not answer.
FAQ
Who inherits if a New York decedent has a spouse and children?
Under EPTL 4-1.1, the spouse receives $50,000 plus one-half of the residue. The issue receive the balance by representation.
Who inherits if there is a spouse and no children?
The spouse receives the whole intestate estate.
Do stepchildren inherit under New York intestacy?
CourtHelp says children placed in care and stepchildren do not inherit unless they were legally adopted.
Who can file when there is no will?
CourtHelp says the closest distributee can file. A surviving spouse has prior right over children, and children have equal rights if there is no surviving spouse.
Does a waiver give up an inheritance?
Not by itself. CourtHelp says a renunciation and waiver of the right to administer does not mean the person gives up an inheritance share.
Related Guides
- New York Wills
- New York Probate Guide
- New York Probate Timeline
- New York Probate Costs
- New York Voluntary Administration
- New York Power of Attorney
Sources:
- "When There Is No Will," New York CourtHelp, Web page updated October 11, 2018, https://www.nycourts.gov/courthelp/WhenSomeoneDies/intestacy.shtml
- "Administration," New York CourtHelp, Web page updated June 29, 2022, https://nycourts.gov/CourtHelp/WhenSomeoneDies/administration.shtml
- "Estates, Powers and Trusts Law Section 4-1.1," New York State Senate, revision from November 1, 2019, https://www.nysenate.gov/legislation/laws/EPT/4-1.1
This guide gives general information about New York intestate succession. It is not legal advice.
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