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A family member’s death without a will can create uncertainty for loved ones, especially when there is a home, savings, or other assets to divide. However, in New York there is a law that determines who is entitled to receive that estate and in what share, even when the person who died never left instructions for how it should be distributed.
The answer is in Article 4 of the Estates, Powers and Trusts Law (EPT), which governs so-called intestate succession. Its Section 4-1.1 says assets that were not distributed through a will must pass to certain relatives, following an order of priority.
Who inherits in New York when someone dies without a will?
New York law covers different scenarios depending on which relatives survive the person and how close they were. Not everyone receives the same share, and having a spouse or children directly affects how the estate is divided.
Under EPT Section 4-1.1, the distribution order covers these situations:
- Spouse and children: the surviving husband or wife receives the first $50,000 and half of the remaining estate. The children receive the other half, distributed by representation.
- Spouse with no children: the husband or wife receives 100% of the inheritance.
- Children with no spouse: the descendants receive the entire estate, by representation.
- Parents with no spouse or children: the surviving father or mother receives all the assets.
- Siblings with no spouse, children or parents: the inheritance goes to the deceased person’s brothers and sisters, by representation.
- Grandparents and certain descendants of grandparents: if there are no relatives in the categories above, the distribution passes to the family branches on both sides of the family, according to the conditions set by law.
In what order relatives receive an inheritance if there is no will
If the deceased had no spouse, descendants, or surviving parents, the law allows other family members to claim the assets.
The law says that when relatives from both sides of the family exist, the inheritance can be divided between the maternal and paternal sides. If there are only relatives on one side, they may receive everything, as long as they meet the legal requirements.
The distribution is calculated after deducting the deceased’s debts, estate administration costs, and reasonable funeral expenses. That is why the percentages apply to the remaining estate.
When can New York State keep an inheritance
The state government can receive a deceased person’s assets when there is no heir, beneficiary, devisee, or individual owner with the right to claim them.
This situation is covered in Section 4-1.5 of the Estates, Powers, and Trusts Law. The law says assets located in New York that do not have an individual entitled to receive them will pass to the state as abandoned property. It also says they must be held under the provisions of the Abandoned Property Law.
That means the state cannot automatically take a home, a bank account, or a person’s savings simply because they died without leaving a will. It must first be determined whether there are relatives or other rightful heirs.