What happens if I die without a will in New York?

What the Law Says

New York law determines who inherits your property—and how much—if you die without a valid will (intestate). The rules depend on who survives you: spouse, children, parents, siblings, or more distant relatives.

New York’s intestacy statute, Estates, Powers and Trusts Law (EPTL) § 4-1.1, sets the order of inheritance. If you’re survived by a spouse but no children or parents, your spouse inherits everything. If you have children — even if they’re also the spouse’s children — your spouse gets the first $50,000 plus half of the remaining estate; the rest goes to your children equally.

If you have children but no spouse, your children inherit everything, per stirpes (i.e., if a child predeceased you but left grandchildren, those grandchildren split their parent’s share). If there’s no spouse or children, your parents inherit all. If no parents, then siblings — and so on down the line to grandparents, aunts/uncles, and cousins.

Importantly, New York does not recognize common-law marriage, and unmarried partners — no matter how long together — receive nothing under intestacy law. Same-sex spouses are treated identically to opposite-sex spouses if legally married.

Statutory Text

If there is no surviving spouse, the whole estate goes to the issue of the decedent.

— Estates, Powers and Trusts Law § 4-1.1(a)(1) — Descent and distribution; persons entitled

Statutory Text

If there is a surviving spouse and no issue, the whole estate goes to the spouse.

— Estates, Powers and Trusts Law § 4-1.1(a)(2) — Descent and distribution; persons entitled

Statutory Text

If there is a surviving spouse and issue, the spouse receives the first fifty thousand dollars… plus one-half of the balance… and the issue receive the rest.

— Estates, Powers and Trusts Law § 4-1.1(a)(3) — Descent and distribution; persons entitled

What to Do

Sources