At Katzner Law Group, we know how easy it is to delay estate planning until it’s too late. Yet failing to put a Will or Trust in place can leave your loved ones navigating the strict rules of intestate succession in New York. When someone passes away without a valid will or trust, state law, not the individual’s preferences, determines how their estate is divided. This article outlines exactly how that process works, who inherits, and why taking action now with professional guidance matters.

Understanding Intestate Succession in NY

Intestate succession is the legal process by which New York State distributes an estate when someone dies without a will or trust. Governed by EPTL § 4-1.1, these laws are designed to mirror how the average person might have distributed their assets, but the outcome may surprise you / not be in any way in accordance with how you’d want your assets to be distributed (had you actually taken the time to put your estate plan in place).

Only assets that a will or trust would have controlled are subject to these laws. That includes individually owned property, personal belongings, and financial accounts without named beneficiaries. Other types of assets, such as joint bank accounts or life insurance policies, typically pass outside of probate to the designated beneficiary or surviving co-owner (which sounds good but even these can raise asset protection concerns, issues for minor children, etc. – something a trust based estate plan can help avoid entirely).

If you’re unsure which assets fall under intestate laws, the New York Courts’ intestacy guide clarifies what happens when someone dies without a will or trust.

What Happens if You Die Without a Will in New York?

When someone passes away without a will or trust in New York, also known as dying intestate, their assets are distributed according to a strict legal order of succession. The court follows this hierarchy exactly, regardless of personal relationships or intentions.

Here is how the estate is distributed:

• If there is a spouse and no children, the surviving spouse receives the entire estate.

• If there is a spouse and children, the spouse receives the first $50,000 plus half of the remaining estate. The children divide the rest equally.

• If there are children only, with no surviving spouse, the children inherit the full estate in equal shares.

• If there are parents only, and no spouse or children, the parents receive the estate.

• If only siblings survive, and there is no spouse, children, or parents, the estate goes to the siblings.

• If none of the above relatives are alive, the estate passes to the maternal and paternal grandparents or their descendants.

• If no grandparents or their descendants are alive, more distant relatives, such as great-nieces, great-nephews, or cousins, may inherit.

• If no living relatives can be found, the estate is claimed by the State of New York through a process called escheat.

This legal system does not always reflect personal or financial realities. For example, a dependent parent may receive nothing if the deceased has a surviving spouse and children. Similarly, an unmarried partner or a lifelong friend will not inherit anything unless named in a will or trust.

To ensure your wishes are honored and your loved ones are protected, it is important to consult with an experienced estate planning attorney. They can help you create a legally sound plan that reflects your goals and avoids the limitations of intestate succession.

Special Considerations in Intestate Succession

Non-Marital and Adopted Children

Children born outside of marriage can still inherit under intestate laws, but paternity must be legally established for a child to inherit from the father. That might require a court order or proof of acknowledgment.

Adopted children inherit fully from their adoptive parents and vice versa, but generally not from their biological parents unless the adoption decree allows for it.

Disinherited or Ineligible Parents

New York has rules that disqualify certain individuals from inheriting. For example, a parent who abandoned their child or failed to support them during childhood may be barred from receiving an intestate share. These exceptions ensure that the law does not reward neglect or abuse.

Why Relying on Intestate Laws Can Be Risky

While New York’s intestate succession statutes aim to create a fair default, they do not take into account complex family dynamics, unique relationships, or personal intentions. Important people in your life, such as a long-term partner or a child with special needs, may be left with nothing if they are not legally recognized as heirs.

Creating a will or trust allows you to:

• Ensure your assets go to the people you choose

• Name guardians for minor children

• Provide for unmarried partners or dependents

• Minimize probate complications and estate taxes

• Prevent family disputes and legal delays

Without a clear estate plan, your assets may be distributed in ways that do not reflect your values. Your estate could face costly legal challenges, or end up in the hands of unintended beneficiaries.

How Katzner Law Group Can Help

At Katzner Law Group, we help families take control of their future through proactive estate planning. Whether you’re building a will or trust, our team ensures your wishes are respected and your loved ones are protected.

Don’t leave the fate of your estate to default state laws. Speak with an experienced estate planning attorney today by visiting our contact page or calling us at 855-528-9637. We’ll help you build a plan that’s clear, comprehensive, and aligned with your goals and concerns.