What Happens If You Die Without a Will

Dying without a will in New York does not mean your money goes to the state in most cases. Instead, the state applies a fixed formula called intestate succession under EPTL Article 4. The problem is that the formula is rigid, public, and frequently the opposite of what people assume. Here is the practical breakdown.

Who inherits, by the numbers

New York’s intestacy rules under EPTL 4-1.1 distribute your probate assets in a set order:

• Spouse and no children: the spouse takes everything.
• Spouse and children: the spouse takes the first $50,000 plus half the balance; the children split the rest.
• Children and no spouse: the children split everything equally.
• No spouse or children: assets pass to parents, then siblings, then more distant relatives.

Notice what is missing: an unmarried partner, a close friend, a stepchild you raised, or a favorite charity receives nothing under this formula.

The surprises New Yorkers hit most

• Your spouse may not inherit everything. If you have children, your spouse shares the estate with them, even minor children, which can complicate keeping the family home.
• Minor children’s shares get locked up. A child’s inheritance is typically held under court supervision until age eighteen, then handed over in full, ready or not.
• The court chooses your administrator. Without a named executor, Surrogate’s Court appoints an administrator following SCPA priority rules, which may not be the person you would have picked.

What the process looks like

When there is no will, the estate goes through an administration proceeding in the Surrogate’s Court of the county where you lived, under the SCPA. A relative petitions to be appointed administrator, often must post a bond, and then locates heirs, pays debts, and distributes what remains. If heirs are hard to find or disagree, the process stretches out and the legal fees grow.

What intestacy never reaches

Some assets pass outside intestacy entirely. Life insurance, IRAs, and 401(k)s go to their named beneficiaries. Jointly owned property and accounts with rights of survivorship pass to the co-owner. This is a double-edged sword: an outdated beneficiary form, such as one naming an ex-spouse, will still control no matter what your family expects.

Your prevention checklist

• Sign a valid New York will under EPTL 3-2.1 to choose your heirs and executor.
• Name a guardian for minor children so a judge does not.
• Review beneficiary designations on every account and insurance policy.
• Add a durable power of attorney (GOL 5-1513) and a health care proxy (PHL Article 29-C) for lifetime protection.
• Consider a trust if avoiding probate or protecting a vulnerable beneficiary matters to you.

A short note before you act

Intestacy is the default, not a plan. If the New York formula above does not match how you want your assets distributed, that gap closes only when you sign valid documents. Speak with a New York estate planning attorney who can map your family and assets against EPTL Article 4 and build a plan that reflects your actual wishes.