Detailed answer — Overview of New York intestacy and how to claim your share

If a parent dies in New York without a valid will (called dying “intestate”), state law controls who inherits and how to get your share. New York’s intestacy rules are in the Estates, Powers & Trusts Law (EPT), Article 4. Read the statute for the full rules: N.Y. EPT Article 4 (Intestate Succession).

Key concepts you need to know:

• Who inherits: The estate normally passes to the surviving spouse and the decedent’s children (and further relatives if no spouse/children). If no eligible relatives exist, the state may take the estate (escheat).
• Personal representative: Because there is no will naming an executor, the Surrogate’s Court appoints an administrator or other personal representative. That person gathers assets, pays debts and distributes what remains according to EPT rules.
• Letters of Administration (or Letters Testamentary if a will exists): Financial institutions and title holders commonly require court-issued letters entitling the administrator to act for the estate before releasing funds or property.

Practical steps to claim your share

1. Identify and document the estate’s assets. Make a list of bank accounts, brokerage accounts, real estate, life insurance, retirement accounts, safe-deposit boxes and personal property. Gather account statements, titles, deeds, and the certified copy of the death certificate (obtainable from the health department or funeral director).
2. Check whether someone already started court proceedings. The Surrogate’s Court in the county where the decedent lived handles intestate administrations. If someone already filed, the court file will show who the petitioner is and whether letters have been issued. New York Courts explain probate and administration steps here: NYCourts.gov — Probate & Administration.
3. If no administrator exists, someone must ask the Surrogate’s Court to appoint one. Generally, a likely heir (spouse or adult child) petitions the Surrogate’s Court to be appointed administrator. The court will require proof of death, an heirship statement, and sometimes a bond. Once appointed, the administrator receives letters that permit banks and others to transfer assets to the estate representative.
4. If you are an heir but aren’t being included, speak with the court or file a petition. If another person is acting and you believe you are an heir or deserve a larger share, you can file papers with the Surrogate’s Court to assert your rights or to seek a court determination of heirs. Courts will follow EPT Article 4 to decide shares.
5. Allow the administrator to pay debts and taxes, then receive distributions. The administrator must notify creditors, pay valid claims and estate taxes (if any), then distribute the residue to the heirs according to intestacy law. Contact the administrator to learn the timeline and how distributions will be made.

Common distribution rules (high-level)

New York law sets priorities for who inherits. Typical scenarios:

• Surviving spouse and no children: the spouse usually inherits the estate.
• Surviving spouse and children: the spouse and children share the estate under formulas in EPT Article 4.
• No spouse or children: the estate goes to parents, then siblings, and more distant relatives in order of priority.

For exact distribution rules and order of relatives, see: N.Y. EPT Article 4.

How banks and other holders normally release assets

Banks and brokerage firms typically require either:

• A small‑estate affidavit or institutional form if the account balance is low and the institution accepts affidavits; or
• Court-issued letters of administration (or a certified copy) showing the named administrator can act for the estate.

If an institution refuses to pay, the administrator should provide the letters from Surrogate’s Court; if needed, the court can order turnover.

Documents you will usually need

• Certified death certificate(s).
• Photo ID for the petitioner (e.g., driver’s license or passport).
• Documentation listing assets and values (bank statements, deeds, titles, policy documents).
• Copies of any trust documents or beneficiary designations (life insurance, retirement accounts) — these can pass outside probate.
• Names, addresses and birthdates for heirs and next-of-kin.

Timing, costs and creditor claims

Administration can take several months to over a year. Time depends on locating assets, resolving creditor claims, handling taxes and distributing property. Costs may include court filing fees, a bond (sometimes waived for close family administrators), publication/notice costs and attorney fees. Creditors must present valid claims against the estate; administrators will settle legitimate claims before distributing assets.

When to consider hiring an attorney

Talk to an attorney if any of the following apply:

• Heirs dispute who should inherit or how property should be divided.
• The estate includes complicated assets (business interests, real estate in multiple states, contested beneficiary designations).
• Creditors assert large claims or tax issues arise.
• You need help petitioning the Surrogate’s Court or interpreting the intestacy rules.

The Surrogate’s Court can provide some forms, but an attorney can help protect your rights when estates are contested or complex.

Helpful hints

• Start by ordering several certified death certificates from the local health department — institutions routinely require certified copies.
• Ask banks in writing what they require to release funds. Some banks provide a small‑estate affidavit or have in‑house procedures for small accounts.
• Collect evidence of family relationships (birth certificates, marriage certificates) to support heirship claims.
• Be proactive: request a Surrogate’s Court docket check in the decedent’s county to see if an administration has already begun.
• Keep careful records of all communications, receipts and distributions the administrator makes.
• If an asset names a beneficiary (life insurance, retirement account), those funds usually pass to the beneficiary outside probate; verify beneficiary designations early.