NY risk areas
New York estate risk areas
These pages explain how default state rules in New York shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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.
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Guardianship risk
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.
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Complexity triggers
New York provides a spousal elective share and a family exemption set-aside that can alter distributions under a will.
- A surviving spouse’s elective share is the greater of $50,000 or one-third of the net estate.
- The family exemption sets aside specified personal property for the surviving spouse and children before other distributions.
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