Who inherits with no will in new york is a question thousands of families face every year, often in the middle of grief. When someone dies without a valid will, New York calls that dying “intestate.” The state then applies a fixed formula, found in the Estates, Powers and Trusts Law (EPTL) § 4-1.1, to decide who receives the property.
Nobody’s wishes, promises, or family understandings change that formula. However, the rules are knowable, and they are written in plain order. Once you see the list, you can usually predict the outcome for your own family. This guide walks through the exact shares, the dollar figures, the court fees, and the practical steps. Our goal is simply to make a confusing moment feel a little more manageable.
What “intestate” really means in New York
Intestate simply means no will. Probate is the court process of proving a will and settling an estate. When there is no will, the process has a different name: administration. A close relative asks the Surrogate’s Court in the county where the person lived for “letters of administration.” That document is the legal permission slip to collect assets, pay debts, and hand out shares.
For example, the person who runs an estate under a will is called an executor. Without a will, that person is called an administrator instead. The job is nearly identical. Typically, the surviving spouse has first priority to serve, then children, then grandchildren, then parents, then siblings, under SCPA § 1001.
One important point: not everything passes through the estate. Life insurance with a named beneficiary, retirement accounts, payable-on-death bank accounts, and property owned as joint tenants with right of survivorship go straight to the named survivor. As a result, the intestacy rules only apply to what is left in the deceased person’s sole name.
Who inherits with no will in new york: the exact shares
The answer to who inherits with no will in new york comes straight from EPTL § 4-1.1. The statute works like a ladder. The court starts at the top and stops at the first rung where a living relative exists. Everyone below that rung receives nothing.
| Who survives | Who inherits (EPTL 4-1.1) |
|---|---|
| Spouse, no children or grandchildren | Spouse receives 100% of the estate |
| Spouse and children (or grandchildren) | Spouse receives the first $50,000 plus one-half of the balance; children split the other half |
| Children, no spouse | Children split 100% equally |
| No spouse, no children | Parents receive 100% (split if both living) |
| No spouse, children, or parents | Brothers and sisters, and the children of deceased siblings |
| None of the above | Grandparents, then aunts, uncles, and first cousins |
| Only distant cousins | Great-grandchildren of grandparents (first cousins once removed), per capita |
| No relatives at all | The estate escheats to the State of New York |
Here is a concrete example of who inherits with no will in new york. Say the estate holds $450,000 and the person left a spouse and two adult children. The spouse takes $50,000 off the top. The remaining $400,000 splits in half: $200,000 to the spouse, and $100,000 to each child. If the estate were only $40,000, the spouse would take all of it.
New York distributes to descendants “by representation” (EPTL § 1-2.16). In plain terms, if a child died before the parent, that child’s share drops down and is pooled equally among grandchildren at the same generation. This differs slightly from the older “per stirpes” method, which follows strict bloodlines branch by branch.
A few details surprise people. Stepchildren and foster children inherit nothing under intestacy unless legally adopted. Adopted children inherit exactly like biological children. An unmarried partner, no matter how long the relationship lasted, receives nothing. And a spouse can be disqualified under EPTL § 5-1.2 for abandonment or failure to support.
Costs, small estates, and what to do next
Before shares are calculated, a surviving spouse or a child under 21 may claim exempt “set-off” property under EPTL § 5-3.1. That includes up to $25,000 in cash, one motor vehicle worth up to $25,000, up to $20,000 in household furniture and appliances, and up to $2,500 in books, photos, and family media. This property is not part of the estate at all.
If the sole-name personal property totals $50,000 or less, many families can skip full administration. New York’s voluntary administration, or small estate proceeding under SCPA § 1301, costs a $1 filing fee. Real estate does not count toward the $50,000 cap, but it also cannot be transferred this way. Full administration fees under SCPA § 2402 scale with estate size: $45 under $10,000, $215 for $20,000 to under $50,000, $420 for $100,000 to under $250,000, and $1,250 for estates of $500,000 or more.
Understanding who inherits with no will in new york also helps with taxes. For deaths in 2026, the New York estate tax basic exclusion is $7,350,000, per the New York State Department of Taxation and Finance. New York generally has no inheritance tax. Watch the “cliff,” though: estates above 105% of the exclusion lose it entirely.
📨 Get Free Estate Planning Guides Alerts
Free · No spam · Unsubscribe anytime
Practical next steps are simple. Order several certified death certificates. List every asset and note how each is titled. Then visit the New York Courts CourtHelp portal or your county Surrogate’s Court. For contested or larger estates, you may want to check with a licensed New York attorney.
Frequently Asked Questions
Does my spouse automatically get everything if I die without a will?
Only if you leave no children or grandchildren. However, if you have descendants, your spouse receives the first $50,000 plus half the remainder. The children split the rest, even if they are minors.
Can my house pass under intestacy rules?
Yes, real property in New York passes under the same EPTL 4-1.1 ladder. However, jointly owned property with right of survivorship passes outside the estate. In most cases, co-owned marital homes transfer automatically to the surviving spouse.
What happens if no relatives can be found?
The Surrogate’s Court typically appoints the county Public Administrator to search for heirs. If none qualify, the estate escheats to the State of New York. As a result, unclaimed funds are held by the Office of the State Comptroller.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified September 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.