How Intestate Succession Works in New York with No Spouse and Three Children

Disclaimer: This article is for general informational purposes and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney.

Detailed Answer

1. What Is Intestate Succession?

Intestate succession occurs when someone dies without a valid will. New York’s Estates, Powers & Trusts Law (EPTL) sets rules for distributing the estate to heirs by statute rather than personal direction.

2. Applicable New York Statute

Under New York EPTL § 4-1.1, distribution depends on surviving family members. The key provision for a decedent with children but no spouse is:

“If the decedent leaves no surviving spouse but leaves issue, the estate goes in equal shares to the issue.” (EPTL 4-1.1(1)(b)).

3. Distribution with Three Children and No Spouse

• Each of the three children inherits one-third of the estate.
• If a child died before the decedent but left their own children, that branch inherits that child’s share per stirpes.
• No portion passes to parents, siblings, or other relatives while direct issue survive.

4. Steps to Administer an Intestate Estate

1. Locate the Surrogate’s Court in the decedent’s county of residence.
2. File a petition for letters of administration within the court. New York law generally allows up to 10 years for an administration proceeding, but earlier filing protects heir rights.
3. Provide death certificate, heir affidavits, and any available inventory of assets.
4. The court issues letters of administration to the appointed administrator, who collects assets, pays debts, and distributes the remainder to the heirs.
5. Close the estate by filing an accounting with the court.

Helpful Hints

• Gather key documents early: death certificate, bank statements, and property deeds.
• Identify all potential heirs, including children of predeceased children.
• Consult a probate attorney to navigate court filings and deadlines.
• Maintain clear communication among siblings to reduce conflict.
• Plan for fair distribution of non-liquid assets (e.g., real estate, personal property).
• Keep detailed records of all estate expenses and distributions.