When someone dies without a Will, it’s called dying “intestate,” and their property is distributed according to state law, specifically EPTL 4-1.1 in New York. The distribution depends on the surviving relatives and their relationship to the deceased. These relatives, known as “distributees,” are entitled to the estate.

Here’s a quick overview:

• If the deceased has a spouse but no children, the spouse inherits everything.
• If there are children but no spouse, the children inherit everything.
• If both spouse and children are present, the spouse gets the first $50,000 plus half of the remainder, while the children inherit the rest.
• If there are parents but no spouse or children, the parents inherit everything.
• If there are siblings but no spouse, children, or parents, the siblings inherit everything.

Children’s Inheritance:

• Adopted children inherit the same as biological children.
• Foster children and stepchildren do not inherit unless legally adopted.
• Children born after the decedent’s death inherit.
• Non-marital children inherit if paternity is proven.
• Grandchildren inherit if their parent (the deceased’s child) has passed before the decedent.

If no relatives are alive, the property goes to New York State.

 

Filing an Estate Proceeding:

If there’s a Will, the Executor files for probate in the Surrogate’s Court. Without a Will, the closest distributee (spouse first, then children) can file. If they don’t wish to file, they can renounce their right, allowing others to do so. Signing a waiver doesn’t give up their inheritance.

Note Briefly: For some commonly used terms in the probate process and their definitions, please refer to this article here.

Disclaimer: We are not attorneys and therefore we are not offering legal advice. 

My team and I can assist you with clean outs, removal of household items, estate sale, winterizing, landscaping, home maintenance and any other non-legal tasks that will help to lighten the load as you go through the probate process. Give us a call at 516-300-2427 or send an email to smbizsol@gmail.com.