NY state guide
New York estate risk overview
This guide explains how estate outcomes work in New Yorkwhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
New York intestacy gives a surviving spouse $50,000 plus one-half of the balance when there are descendants, with the remainder passing to descendants by representation.
- If a decedent is survived by a spouse and issue, the spouse receives $50,000 plus one-half of the residue and the issue take the balance by representation.
- If there is a spouse and no issue, the spouse inherits the entire estate.
- If there is issue and no spouse, the issue inherit the entire estate by representation.
- If there is no spouse or issue, parents inherit, then siblings (issue of parents) by representation.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
New York allows a voluntary administration (small estate) proceeding when personal property is $50,000 or less and there is no sole-owner real property.
- A small estate is personal property with a gross value of $50,000 or less.
- Real property owned solely by the decedent is not eligible for voluntary administration.
- Voluntary administration is available whether or not there is a will.
- Voluntary administration is filed in the Surrogate's Court of the county where the decedent lived.
Estate and inheritance tax exposure
New York imposes an estate tax with a basic exclusion amount that is indexed annually.
- For dates of death in 2026, the New York basic exclusion amount is $7,350,000.
- Residents must file if the federal gross estate plus includible gifts exceed the basic exclusion amount.
- Nonresidents may need to file if they have New York-situs property.
- State estate tax thresholds are separate from the federal exemption and can be lower; confirm current exclusion and filing requirements.
Guardianship for minors
New York Surrogate's Court can appoint a guardian of the person or property of an infant, even if the parents are living.
- The court has power over the property of an infant and may appoint a guardian of the person, property, or both.
- A permanent guardian may be appointed for a child in specified circumstances when in the child's best interests.
- Courts rely on best-interest findings when appointing a guardian.
Risk areas
Explore estate risk dimensions in New York
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in New York
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Missing state estate tax thresholds and filing rules.
Who is most exposed
Higher default risk in New York
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
- Higher-net-worth estates near state tax thresholds.
Next: explore planning options in New York
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.