Who gets the house when someone dies in New York?

Whoever the will, the trust or the deed names: a home deeded to spouses is held by the entirety and passes to the survivor (EPTL 6-2.2). Without a will, it passes by intestacy (EPTL 4-1.1), and a surviving spouse's right of election counts property the decedent could revoke (EPTL 5-1.1-A).

Can creditors take the family home after a death in New York?

The exemption for a principal residence continues after the owner's death for the surviving spouse and children while they occupy it, up to the county amount, but not against taxes or a judgment for the purchase price, and a mortgage still applies (CPLR 5206).

Does New York limit who can inherit a home?

No. New York places no restriction on devising a home; the owner may leave it by will or trust to anyone, subject to a surviving spouse's right of election (EPTL 5-1.1-A).

The New York Home After a Death

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What “homestead” means in New York

In New York “homestead” is a creditor exemption, not an inheritance rule: a principal residence the owner occupies is exempt from money judgments up to an amount that depends on the county, and the exemption continues after the owner's death for the surviving spouse and children until the youngest reaches majority and the spouse dies (CPLR 5206). Who inherits the home is decided by the will, the trust, the deed or intestacy.

Who gets the home

In New York the home passes like the decedent's other property — under the will or the trust, or by intestacy (EPTL 4-1.1(a)(1)) — and the creditor exemption for a principal residence continues for a surviving spouse and minor children (CPLR 5206):

With a will or a trust that disposes of the home, it passes as the instrument says — subject to a surviving spouse's right of election, which counts property the decedent could revoke (EPTL 5-1.1-A).
Without one, the home passes by intestacy: a spouse and issue take $50,000 and one-half to the spouse and the balance to the issue by representation (EPTL 4-1.1).
A home deeded to spouses is held by the entirety unless the deed says otherwise, and passes to the survivor outside the will (EPTL 6-2.2).

Can the home be left by will or by trust? Yes

New York places no restriction on devising a home: the owner may leave it by will or by trust to anyone, subject to a surviving spouse's right of election (EPTL 5-1.1-A).

Named in a revocable Trust? The rules still apply

Holding the home in a revocable Trust changes who holds title, not the family's rights: a surviving spouse's right of election counts property the decedent could revoke (EPTL 5-1.1-A), and a lifetime Trust holds the home only if the deed to the trustee was recorded where the creator was sole trustee (EPTL 7-1.18). A Trustee who distributes or sells the home before those questions are settled can cloud the title. In a firm-supervised matter, TrusteeClear routes these questions to the attorney before anything moves.

Creditors and the inherited home

The exemption for a principal residence continues after the owner's death for the surviving spouse and children while they occupy it, until the youngest child reaches majority and the spouse dies (CPLR 5206). It never covers taxes or a judgment for the purchase price, and a mortgage on the home still applies. Whether a particular family and property are protected is fact-specific attorney territory.

Property taxes and the estate tax

Local property-tax exemptions belong to the owner who qualified for them; a surviving spouse or heir who lives in the home generally applies in their own right. The home also counts in the estate for New York's estate tax where the federal gross estate plus includible gifts exceeds the basic exclusion amount (Tax Law §§952, 971). The assessor's office and a New York attorney can confirm what applies.

What should happen next?

Outcomes turn on facts: who survived, how the deed reads, whether minors are involved, and a spouse's election within six months of letters (EPTL 5-1.1-A(d)). This page is general information, not legal advice. A free role check shows you where you stand, and a New York attorney can confirm how the home passes in your situation.

General information about New York law, not legal advice.

Frequently asked questions

Who gets the house when someone dies in New York?: Whoever the will, the trust or the deed names: a home deeded to spouses is held by the entirety and passes to the survivor (EPTL 6-2.2). Without a will, it passes by intestacy (EPTL 4-1.1), and a surviving spouse's right of election counts property the decedent could revoke (EPTL 5-1.1-A).
Can creditors take the family home after a death in New York?: The exemption for a principal residence continues after the owner's death for the surviving spouse and children while they occupy it, up to the county amount, but not against taxes or a judgment for the purchase price, and a mortgage still applies (CPLR 5206).
Does New York limit who can inherit a home?: No. New York places no restriction on devising a home; the owner may leave it by will or trust to anyone, subject to a surviving spouse's right of election (EPTL 5-1.1-A).

General information about New York law, not legal advice.