New York's intestate succession laws don't ask what you wanted. They follow a fixed formula. For most people, that formula doesn't match their actual wishes — and by the time the family finds out, it's too late to change it.
Dying without a Will is called dying "intestate." When it happens, New York's Estates, Powers and Trusts Law (EPTL) takes over. The state decides who gets your assets, who raises your children, and who manages the process. You have no say in any of it.
Here's exactly what New York law mandates.
New York distributes your estate based on which family members survive you. The formula is rigid and doesn't account for your actual relationships:
Example: $400,000 estate. Spouse gets $50,000 + $175,000 = $225,000. Kids split $175,000.
Parents, siblings, and other relatives get nothing.
If a child predeceased you, their share goes to their children (your grandchildren).
The state keeps searching the family tree until it finds someone. If nobody is found, your estate goes to New York State.
New York's intestate formula has no mechanism for:
If you die without a Will and have minor children, the court appoints a guardian. The court tries to act in the children's best interests, but it doesn't know your family. It doesn't know which relative you'd trust, which ones you'd want to keep away from your children, or what kind of environment you'd want your kids raised in.
If both parents die without naming a guardian in their Wills, the court will choose from among the relatives who petition for guardianship. Multiple relatives petitioning creates a contested proceeding. That means legal fees, a judge making decisions about your children's future, and family conflict at the worst possible moment.
Dying without a Will doesn't avoid probate. It makes probate harder.
With a valid Will, the named executor files it with the Surrogate's Court and receives Letters Testamentary to manage the estate. The process is still slow and expensive, but it's orderly.
Without a Will, the court must appoint an administrator. Relatives must be notified and given a chance to object. If there's any dispute about who should serve as administrator, it gets litigated. The whole process takes longer and costs more in legal fees, coming out of the estate before your family sees anything.
Common-law marriage is not recognized in New York. No matter how long you've lived with your partner, New York does not consider you married without a marriage license. Your partner has no inheritance rights without a Will.
Adopted children have full inheritance rights. Under New York law, legally adopted children are treated identically to biological children for inheritance purposes.
Children born outside of marriage can inherit from their father in New York, but there are specific requirements around establishing paternity that can complicate things without clear documentation.
New York has a right of election for spouses. Even if you have a Will that cuts out your spouse, they have a statutory right to claim a portion of your estate (the greater of $50,000 or one-third of the net estate). This applies the other direction too: if you die without a Will, your spouse cannot be cut out of their statutory share.
New York's intestate succession laws don't ask what you wanted. They follow a fixed formula. For most people, that formula doesn't match their actual wishes — and by the time the family finds out, it's too late to change it.
Dying without a Will is called dying "intestate." When it happens, New York's Estates, Powers and Trusts Law (EPTL) takes over. The state decides who gets your assets, who raises your children, and who manages the process. You have no say in any of it.
Here's exactly what New York law mandates.
New York distributes your estate based on which family members survive you. The formula is rigid and doesn't account for your actual relationships:
Example: $400,000 estate. Spouse gets $50,000 + $175,000 = $225,000. Kids split $175,000.
Parents, siblings, and other relatives get nothing.
If a child predeceased you, their share goes to their children (your grandchildren).
The state keeps searching the family tree until it finds someone. If nobody is found, your estate goes to New York State.
New York's intestate formula has no mechanism for:
If you die without a Will and have minor children, the court appoints a guardian. The court tries to act in the children's best interests, but it doesn't know your family. It doesn't know which relative you'd trust, which ones you'd want to keep away from your children, or what kind of environment you'd want your kids raised in.
If both parents die without naming a guardian in their Wills, the court will choose from among the relatives who petition for guardianship. Multiple relatives petitioning creates a contested proceeding. That means legal fees, a judge making decisions about your children's future, and family conflict at the worst possible moment.
Dying without a Will doesn't avoid probate. It makes probate harder.
With a valid Will, the named executor files it with the Surrogate's Court and receives Letters Testamentary to manage the estate. The process is still slow and expensive, but it's orderly.
Without a Will, the court must appoint an administrator. Relatives must be notified and given a chance to object. If there's any dispute about who should serve as administrator, it gets litigated. The whole process takes longer and costs more in legal fees, coming out of the estate before your family sees anything.
Common-law marriage is not recognized in New York. No matter how long you've lived with your partner, New York does not consider you married without a marriage license. Your partner has no inheritance rights without a Will.
Adopted children have full inheritance rights. Under New York law, legally adopted children are treated identically to biological children for inheritance purposes.
Children born outside of marriage can inherit from their father in New York, but there are specific requirements around establishing paternity that can complicate things without clear documentation.
New York has a right of election for spouses. Even if you have a Will that cuts out your spouse, they have a statutory right to claim a portion of your estate (the greater of $50,000 or one-third of the net estate). This applies the other direction too: if you die without a Will, your spouse cannot be cut out of their statutory share.
A properly executed New York Will lets you:
In New York, a Will must be signed in front of two witnesses who also sign the document. Notarization is not required for validity, but a self-proving affidavit with notarization speeds up the probate process. DocSats generates NY-compliant Wills with clear execution instructions.
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