Who inherits under state law
Intestate succession is the set of state rules that decide who inherits when there is no valid will. In New York, a surviving spouse and children usually come first and share the estate in proportions the law sets, and when there is neither, the estate passes to more distant relatives in an order the law prescribes. Unmarried partners and stepchildren who were never adopted generally do not inherit under these rules. Children born outside marriage can inherit from a parent, though proof of parentage may be required. A divorce, and in some cases a written agreement between spouses, can change whether a former or separated spouse takes any share.
What passes outside these rules
Many assets never go through intestate succession at all. Jointly owned accounts and property with survivorship rights, life insurance and retirement accounts with named beneficiaries, and accounts with payable-on-death designations usually pass directly to the person named. That can mean the estate itself is small even when the family's total assets are not. Debts and administration expenses are paid from estate assets before anything is distributed. Knowing which assets fall where often heads off disputes before they start.
Starting the court process
To manage an estate without a will in New York, someone usually petitions the Surrogate's Court in the county where the person lived to be appointed administrator. Other relatives with an interest are notified and may need to consent or be served. Smaller estates may qualify for a simplified procedure. Bring the death certificate, a list of known assets and debts, and the names and addresses of close relatives. If relatives disagree about who should serve, the court decides based on the priority the law gives to different family members. We help identify the likely heirs, which assets need court involvement, and who is in a position to serve as administrator.
