Detailed Answer: Intestate Succession in New York Without a Spouse
When someone dies without a valid will in New York, their estate passes under the intestacy rules in Estates, Powers & Trusts Law (EPTL) Article 4. If the decedent has no surviving spouse but leaves behind two children, the entire estate goes to those children in equal shares. Specifically, EPTL §4-1.1(4) provides that “if there is no surviving spouse but there are surviving issue, the entire intestate estate shall be distributed to such issue.” (EPTL 4-1.1)
Distribution follows a per capita method at the first generation of survivors. That means each living child receives an equal portion of the estate. If one child predeceases the decedent but leaves their own children (the decedent’s grandchildren), those grandchildren inherit their parent’s share by right of representation (per stirpes).
To administer an intestate estate, an interested party—often a child—files a petition for letters of administration in the Surrogate’s Court of the county where the decedent lived. The court appoints an administrator who collects assets, pays debts and taxes, and distributes what remains according to EPTL §4-1.1(4). Common assets include real property, bank accounts, investments and personal property. Beneficiary-designated assets (like some retirement accounts) bypass intestacy and pass directly to named beneficiaries.
Key steps include identifying all assets, notifying creditors, locating heirs, and obtaining court approval for distributions. Failing to follow court procedures can delay estate settlement and lead to creditor claims or disputes among heirs.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation under New York law.
Helpful Hints
- Gather essential documents: death certificate, titles, deeds and account statements.
- Confirm all surviving children and any descendants of a deceased child.
- File a petition for letters of administration in the appropriate Surrogate’s Court.
- Keep organized records of all estate assets, debts and distributions.
- Seek guidance from a New York estate attorney to navigate court rules and deadlines.