If you die without a will in New York, you do not get to decide who receives your money, home, or belongings, the state decides for you, under a fixed set of rules called intestate succession. Here is exactly what happens, and why it is often not what people expect.
What “dying intestate” means
Dying without a valid will is called dying intestate. When that happens, New York’s Estates, Powers and Trusts Law (EPTL 4-1.1) sets a rigid order of who inherits, regardless of what you would have wanted or what you promised anyone.
Who inherits under New York law
- Spouse and children: your spouse receives the first $50,000 plus half of the rest, and your children split the remaining half.
- Spouse, no children: your spouse inherits everything.
- Children, no spouse: your children split everything equally.
- No spouse or children: the estate passes to other relatives in order, parents, then siblings, then more distant family.
Notice what is missing: unmarried partners, close friends, and favorite charities get nothing. Stepchildren you never adopted get nothing. And if no relatives can be found, your estate can end up going to the State of New York.
Why this matters
Beyond who inherits, dying without a will means the court appoints the administrator of your estate and a guardian for minor children, again by formula, not by your choice. The process is slower, more expensive, and more stressful for the people you leave behind. A simple will avoids all of it.
Do not let the state decide. Create your will and get it notarized, quickly.
The fix is simpler than you think
Putting a will in place is straightforward, see how to write a will in New York. We can help you get your last will and testament prepared and notarized, and if you want to keep assets out of probate entirely, look at a living trust in our Estate Planning Center.
Frequently asked questions
Does my spouse automatically get everything if I die without a will?
Only if you have no children. With children, your spouse shares the estate with them under the formula above.
What happens to my minor children?
The court appoints a guardian. With a will, you name the guardian yourself.
Can an unmarried partner inherit without a will?
No. Under intestate rules, an unmarried partner receives nothing, which is exactly why a will matters.
This article is for general informational purposes and is not legal advice. For questions specific to your estate, consult a licensed New York attorney.
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