When someone passes away without a will in New York, the legal and financial consequences can be significant—and often, they’re not what the decedent would have wanted. Understanding how New York’s intestacy laws work is essential for protecting your family’s future and ensuring your assets are distributed according to your wishes.
At The Law Offices of Lawrence Israeloff, we combine legal and financial expertise to help clients prepare for the unexpected through comprehensive trusts and estate planning. In this post, we’ll walk you through what happens if you die without a will, who inherits your assets, and why creating a will is one of the most important steps you can take.
Understanding Intestacy in New York
What Is Intestacy?
When a person dies without a valid will, they are said to have died intestate. In this situation, the distribution of their estate is governed by New York’s intestate succession laws as outlined in the Estates, Powers & Trusts Law (EPTL).
Who Inherits Under New York Intestacy Laws?
The distribution hierarchy is based entirely on family relationships. Here’s how assets are typically divided:
- Spouse, but no children: Spouse inherits everything
- Children, but no spouse: Children inherit everything equally
- Spouse and children: Spouse receives the first $50,000 + half of the remainder; children split the rest
- No spouse or children: Parents inherit everything
- No parents: Siblings inherit
- No living relatives: Assets may eventually escheat to the State of New York
For a detailed breakdown, see NY Courts – Intestate Succession.
The Problems With Dying Intestate
No Control Over Asset Distribution
Without a will, you lose the ability to designate who receives your property, how much they receive, or when. This could mean:
- Assets go to estranged relatives
- Unintended heirs receive large portions of your estate
- Minor children inherit without a guardian in place
Increased Family Conflict
Disputes over inheritance are more likely when a will isn’t present. Loved ones may disagree about who is entitled to what, leading to lengthy and costly legal battles.
Delays and Expenses in Probate
Intestate estates often take longer to settle. The court must appoint an administrator to oversee the process, which can delay distributions and increase legal fees.
Special Considerations for Parents and Business Owners
Minor Children
If you have minor children and no will, the court—not you—will decide on guardianship. Creating a will allows you to name a trusted person to care for your children.
Business and Tax Implications
Dying without a will can complicate the future of your business or financial holdings. Tax liabilities may be greater without proactive tax planning or personal investment planning, both of which are crucial for preserving generational wealth.
The Solution: Create a Comprehensive Estate Plan
The good news? You can avoid all of the above by working with a qualified attorney to draft a will and broader estate plan. At The Law Offices of Lawrence Israeloff, we bring a unique combination of legal experience and tax knowledge to our trusts and estate planning services, helping clients across New York protect what matters most.
Don’t Leave It to Chance—Protect Your Legacy Today
Dying without a will in New York means surrendering control of your legacy to state law. The best way to protect your loved ones and ensure your wishes are honored is to take proactive steps now.
Whether you need a simple will, a full estate plan, or advanced financial strategies, The Law Offices of Lawrence Israeloff is here to help.
Schedule a confidential consultation today to get started on securing your family’s future.
