Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a specific estate, contact a licensed New York attorney or the Surrogate’s Court in the county where the decedent lived.
Detailed Answer
When a person dies without a valid will in New York, the state’s intestacy rules (Estate, Powers & Trusts Law, Article 4) determine who inherits. The basic rule is that a decedent’s descendants (children and their lineal descendants) take the estate ahead of more distant relatives. Key points under New York law:
- Spouse and descendants: If the decedent is survived by a spouse and by descendants, New York’s EPTL sets how the estate is split between the spouse and the descendants. If all surviving descendants are also descendants of the surviving spouse, the spouse receives the entire estate. If some descendants are not also descendants of the surviving spouse, the spouse receives a statutory share and the descendants receive the remainder. See EPTL § 4-1.1: https://www.nysenate.gov/legislation/laws/EPT/4-1.1.
- No surviving spouse: If there is no surviving spouse, the estate generally passes to the decedent’s descendants (children) under EPTL § 4-1.2. Each living child takes an equal share. If a child died before the decedent but left children (the decedent’s grandchildren), those grandchildren step into the deceased child’s place and take that child’s share.
- Representation (children’s descendants): A deceased child’s own descendants inherit the share that child would have received. In practice, if a decedent had three children and one child predeceased leaving two children, the two grandchildren would together receive the predeceased child’s share (split between them). This is sometimes described as inheritance “by representation” under New York law. See EPTL § 4-1.2: https://www.nysenate.gov/legislation/laws/EPT/4-1.2.
- Adopted and biological children: Generally, legally adopted children inherit as natural children under New York intestacy law. Stepchildren and unrelated children usually do not inherit unless they were legally adopted, were treated as children under recognized doctrines, or the decedent provided by other lawful means.
- If no descendants or spouse survive: If the decedent leaves neither a spouse nor descendants, the estate passes to parents, then to siblings and their descendants, and so on under the successive priority rules in Article 4. See EPTL Article 4 overview: https://www.nysenate.gov/legislation/laws/EPT/4.
Short illustrative examples:
- Decedent survived by three living children and no spouse: each child receives one-third of the estate.
- Decedent survived by two children and one predeceased child who left two children of their own: the two living children each receive one-third, and the two grandchildren split the remaining one-third (each receiving one-sixth).
- Decedent survived by a spouse and two children who are also the spouse’s children: the spouse inherits the whole estate under EPTL § 4-1.1.
- Decedent survived by a spouse and one child who is not the spouse’s child: the spouse receives the statutory spousal share provided by EPTL § 4-1.1 and the child receives the remainder (see statute for exact allocation).
Opening an administration case in Surrogate’s Court establishes the legal administrator (personal representative) who collects assets, pays bills and distributes the estate under the intestacy rules. The Surrogate’s Court in the decedent’s county supervises the process and issues letters of administration to authorized relatives.
Helpful Hints
- Gather documents before contacting the court or an attorney: the decedent’s death certificate, birth/adoption records for children, marriage certificate (if a spouse survives), and any beneficiary designations or account statements.
- Confirm legal relationships: adoption, paternity, and posthumous births can affect who counts as a descendant. If paternity or adoption is unclear, an attorney can advise on evidence and next steps.
- If a child predeceased the decedent, collect proof of that child’s death and the birth records for any grandchildren who claim a share.
- Contact the Surrogate’s Court in the county where the decedent lived to learn local filing procedures and forms. Courts can advise on opening an estate, who may be appointed administrator, and whether small‑estate procedures apply.
- Consider hiring an experienced estates/administration attorney when the estate includes real estate, businesses, contested claims, unclear family relationships, or significant assets. An attorney can help avoid delays and reduce the risk of disputes.
- If there are disputes among heirs (for example over who is a lawful child or over distributions), mediation or litigation in Surrogate’s Court may be necessary.
- Keep careful records of all distributions and actions taken by an administrator. The Surrogate’s Court can require accounting and review of an administrator’s conduct.
Relevant statutes (New York):
- EPTL § 4-1.1 (distribution where spouse and descendants survive): https://www.nysenate.gov/legislation/laws/EPT/4-1.1
- EPTL § 4-1.2 (distribution to descendants when no spouse): https://www.nysenate.gov/legislation/laws/EPT/4-1.2
- EPTL Article 4 (full intestacy rules and priority order): https://www.nysenate.gov/legislation/laws/EPT/4
If you want, tell me basic facts (surviving spouse? how many children? any predeceased children with descendants?) and I can provide a simple, hypothetical distribution example under New York law or suggest next procedural steps for opening an estate in Surrogate’s Court.