Family & Estate · Intestate Succession
Intestate Succession in New York
Who inherits, and how much, when a person dies without a will in New York, broken down by family situation, cited to the statute.
Who inherits in New York, by scenario
The share for the surviving spouse and everyone else, for each common family situation.
| Who survives | Surviving spouse gets | Everyone else gets |
|---|---|---|
| Spouse and children (or grandchildren) | The first $50,000, plus one-half of the balance | The descendants take the rest, by representation. |
| Spouse, no descendants | The entire estate | Parents inherit nothing while a spouse survives. |
| Children only (no spouse) | Nothing (no spouse) | The descendants take the entire estate, by representation. |
| No spouse or descendants, parents living | Nothing (no spouse) | The surviving parent or parents take the entire estate. |
| No spouse, descendants, or parents | Nothing (no spouse) | The estate passes to siblings and their descendants, by representation. |
| No spouse or descendants | Nothing | With no spouse or descendant, the estate passes in order to parents, then siblings and their descendants, then grandparents and more distant kindred. If no relative can be found, the estate ultimately escheats to the State of New York. |
| How it is administered | Probate | The estate is administered in Surrogate’s Court under these rules, through an administration proceeding, unless a small-estate (voluntary administration) procedure applies. A valid will overrides all of it. |
| Statute | N.Y. Est. Powers & Trusts Law §4-1.1 | The controlling statute. Read the full text through the source link below. |
Next steps
Concrete, neutral steps if you are dealing with an estate that has no will in New York. This is legal information, not legal advice.
- Apply the $50,000-plus-half rule carefully
If a spouse and descendants both survive, the spouse takes the first $50,000 of the estate and then half of whatever remains, with the descendants splitting the rest. Work out the total estate first, since the spouse’s share is a flat amount plus a fraction.
- Write a will if this is not your plan
These shares are only a default. A valid New York will replaces them, which matters most when you want your spouse to take everything, since intestacy gives children a share once the estate passes $50,000.
- Check for voluntary administration
New York offers a simplified voluntary administration for small estates. If the estate is modest, ask the Surrogate’s Court or a legal aid office whether it qualifies, which can avoid a full administration proceeding.
- Get New York estate help
The New York Courts help pages explain intestacy and Surrogate’s Court. For a larger or contested estate, a probate attorney can confirm the shares and handle the filing.
To settle an estate with no will, or to plan your own, start with the probate court or a legal-aid resource. This link explains the process.
→ New York Courts (Intestacy)This is general legal information, not legal advice. Adoptions, half-relatives, and a prior will can change who inherits, so confirm your situation before relying on the default shares.
What people get wrong in New York
New York gives a surviving spouse a generous but not unlimited share when there is no will. Under Estates, Powers and Trusts Law §4-1.1, a spouse who survives along with children or grandchildren takes the first $50,000 of the estate plus one-half of everything above that, and the descendants split the remaining half. That flat $50,000 on top of a fraction is what trips people up: on a small estate the spouse may effectively take all of it, but on a larger estate the children’s half becomes significant. When a spouse survives and there are no descendants, the rule is simpler: the spouse takes the entire estate, and the decedent’s parents inherit nothing. Parents only come into the picture when there is no spouse and no descendant. Further down the line are siblings, grandparents, and more distant relatives, and if none can be found the estate escheats to the State of New York. As always, this is only the default; a valid will controls instead.
Common questions
Who inherits if you die without a will in New York?
If a spouse and descendants survive, the spouse takes the first $50,000 plus half of the balance, and the descendants take the rest. A spouse with no descendants takes the entire estate. Descendants with no spouse take everything. Parents inherit only when there is no spouse and no descendant.
Does a spouse get everything in New York with no will?
Only when there are no descendants. If children or grandchildren also survive, the spouse takes the first $50,000 plus half of the remaining estate, and the descendants share the other half under EPTL §4-1.1.
What is the $50,000 rule in New York intestacy?
When a spouse survives with descendants, the spouse first takes $50,000 off the top of the estate, then one-half of whatever is left, with the descendants taking the balance. On a small estate that can mean the spouse takes nearly all of it; on a large one the descendants’ share grows.
Do parents inherit in New York when there is a spouse?
No. A surviving spouse takes the entire estate when there are no descendants, ahead of the decedent’s parents. Parents inherit only when the decedent leaves no spouse and no descendant.
What if there are no relatives in New York?
The estate passes in order to parents, then siblings and their descendants, then grandparents and more distant kindred. If no relative can be located, the estate escheats to the State of New York. A will avoids that outcome.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.