How the ranking works
New York's intestacy law sets an order that starts with a surviving spouse and children and moves outward through the family when those relatives are absent. When there is both a spouse and children, they share the estate under a formula rather than everything going to one or the other. Grandchildren can generally stand in the place of a child who died earlier. If no spouse or descendants survive, the estate passes further out, beginning with parents, in a sequence the law fixes. The court relies on proof of these relationships, so family records matter.
Who is often surprised
Unmarried partners generally do not inherit under these rules, regardless of how long they lived together. Stepchildren who were never adopted usually do not either, while legally adopted children inherit as biological children do. Half-siblings in New York are generally treated the same as full siblings. A child born to unmarried parents can inherit from a father, although paternity may need to be established. Relatives who were estranged are not excluded simply because they were distant.
Assets that bypass the order
Much of what people own never reaches the intestacy rules at all. Retirement accounts and insurance with a named beneficiary, joint accounts with survivorship, and property held in trust usually pass according to their own terms. A first conversation therefore sorts out which assets were in the person's sole name and which passed directly. We also talk about who has priority to serve as administrator and what the family tree looks like, including anyone who might be hard to locate. Disagreements about the family tree, such as whether a relationship existed, are resolved through the court rather than informally.
