Want to decide who inherits instead of the state? A free role check shows you where you stand.
Start the free role checkWhat “intestate” means
Dying “intestate” means dying without a valid will. New York's intestacy statute (EPTL 4-1.1) then sets a fixed order of who inherits your probate assets — regardless of what you would have wanted. Assets that pass outside probate (a funded Trust, beneficiary designations, jointly held property) follow their own rules, not intestacy.
Who inherits under New York law
- Spouse, no descendants — the surviving spouse generally inherits everything (EPTL 4-1.1(a)(1)).
- Spouse and children — the surviving spouse takes $50,000 and one-half of the rest; the children, or a deceased child's issue, share the balance by representation (EPTL 4-1.1(a)(1)).
- Blended family — New York's shares are the same whether or not the children are also the surviving spouse's: $50,000 and one-half to the spouse, the balance to the decedent's issue (EPTL 4-1.1(a)(1)).
- No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (EPTL 4-1.1(a)(3)).
The family's set-off and minor children
In New York, a surviving spouse with issue takes $50,000 and half of the rest when there is no will (EPTL 4-1.1(a)(1)), and certain family property is set off to the spouse or young children outside the estate (EPTL 5-3.1). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.
Does the state take everything?
Almost never. Property only “escheats” to the State of New York as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.
Take back the decision
Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a New York attorney can help you put a plan in place.
General information about New York law, not legal advice.
Frequently asked questions
- Who inherits if you die without a will in New York?
- A spouse and no issue: the spouse takes everything; a spouse and issue: $50,000 and one-half to the spouse, the balance to the issue by representation; no spouse: the issue, then parents, then the parents' issue, then grandparents and their issue (EPTL 4-1.1).
- Does the surviving spouse get everything in New York?
- Only when there are no children or other issue. With issue, the spouse takes $50,000 and one-half of the residue, and the issue share the rest by representation — whether or not the children are also the spouse's (EPTL 4-1.1).
- What does the family receive before the estate is divided?
- Certain property is not an estate asset at all: household items up to $20,000, one car up to $25,000 and money up to $25,000, among others, vest in the surviving spouse or, if none, the children under 21 (EPTL 5-3.1).
General information about New York law, not legal advice.