Without a will, family members may face difficult questions about who should handle the estate, who should receive certain property and whether your wishes will matter. In New York, this is called dying intestate. Instead of following written instructions from you, state law decides who inherits property that passes through your estate.
Who inherits under New York intestacy law
The state’s default inheritance rules depend on which family members survive you. Here is how the inheritance order generally works:
- Spouse only: The property that must pass through the estate goes to your spouse.
- Children only: That property goes to your children.
- Spouse and descendants: Your spouse receives the first $50,000 plus half of the balance, and the remaining share passes down the family line. If an adult son or daughter dies before you, that person’s descendants may inherit that share.
- No spouse or children: The law looks next to parents, then siblings, depending on who survives you.
Adopted children generally inherit the same way biological children do, while stepchildren and foster children usually do not inherit unless they were legally adopted.
Which assets may follow these rules
Intestacy rules only apply to your probate estate. Assets with named beneficiaries, such as life insurance policies, retirement accounts or jointly owned homes, usually pass directly to those individuals regardless of whether you have a will.
What written instructions can help you decide
A valid will can name the person you choose to carry out those instructions, identify who should receive specific property and nominate a guardian for minor children. Without that nomination, the court decides who should care for a child if guardianship becomes necessary. It can also address family realities that intestacy rules may not reflect, such as a blended family, an adult child who needs support or a relative you want to receive a meaningful item.
Putting your estate decisions in writing
Dying without a will does not leave your estate without rules, but it can leave important choices to New York law. For homeowners, parents and people approaching retirement, putting those decisions in writing can help make sure your wishes are clear, easier to follow and less likely to cause confusion after a loss.
