Who inherits if I have a spouse but no children and die intestate?

What the Law Says

New York law determines who inherits your property if you die without a valid will (intestate). When you’re survived by a spouse but no children, the law gives your entire estate to your spouse.

Under New York’s Estates, Powers and Trusts Law (EPTL), the distribution of an intestate estate depends on who survives you — specifically, whether you have a spouse, children, parents, or other relatives.

If you have a surviving spouse and no descendants (children, grandchildren, etc.), your spouse receives 100% of your estate — including both real and personal property.

This rule applies regardless of how long you were married or whether the assets were acquired before or during the marriage — unless a valid prenuptial or postnuptial agreement says otherwise.

Statutory Text

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

— EPTL § 4-1.1(a)(1) — Descent and distribution; persons entitled to share in estate

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