Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies without a valid will (intestate) in New York, the Estates, Powers and Trusts Law (EPTL) governs how the court distributes assets. Under EPTL § 4-1.1, New York’s Surrogate’s Court follows a strict order of heirs:
1. Spouse and Children
If the decedent leaves a spouse and children, the spouse receives the first $50,000 of the net estate plus one-half of the remaining balance. The decedent’s children share the other one-half equally.
2. Spouse Only
If the decedent leaves only a spouse, the spouse inherits the entire estate.
3. Children Only
If the decedent leaves children but no spouse, the children inherit equally.
4. Parents and Siblings
If no spouse or descendants survive, the estate passes to surviving parents. If both parents are deceased, siblings inherit equally.
5. More Remote Relatives
If no immediate family exists, the court turns to nieces, nephews, grandparents, aunts, uncles and cousins in that order.
6. Escheat to the State
If the court finds no lawful heirs, the estate escheats to New York State under EPTL § 3-3.1.
Helpful Hints
- Check thoroughly for a lost or misplaced will before assuming intestacy.
- Obtain multiple certified death certificates early for court filings.
- Visit the Surrogate’s Court website in the decedent’s county for required forms and fee schedules.
- Open the probate process promptly to protect assets and meet creditor deadlines.
- Consider creating a valid will to avoid intestacy and control how your assets pass.