NY risk area
Intestacy risk in New York
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in New York
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://www.nysenate.gov/legislation/laws/EPT/4-1.1
- https://www.nysenate.gov/legislation/laws/EPT/2-1.6
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in New York.