What Happens If You Die Without a Will in New York: 2026 Complete Guide

Meta Description: Die without a will in New York and your family faces 9-18 months of probate plus $25k+ in fees. Here’s who inherits and how to avoid it for $69.

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Let’s set the scene: You’re crossing the street in Manhattan, minding your own business, when a delivery cyclist doing 30 mph the wrong way on a one-way street takes you out. You die. Your family mourns. And then they discover you never wrote a will.

Welcome to dying intestate in New York, where the Empire State becomes the “Your Family’s Worst Nightmare” State. Your loved ones spend 9-18 months navigating Surrogate’s Court, pay tens of thousands in legal fees, and watch the state decide who gets your co-op apartment.

If you think estate planning is something you’ll “handle eventually,” this guide is your reality check. We’re breaking down exactly what happens when you die without a will in New York, who actually inherits (hint: maybe not who you’d choose), what probate costs your family, and how to prevent this disaster for less than brunch in Williamsburg.

New York’s intestacy laws don’t care about your intentions, your relationships, or who helped you schlep your stuff up four flights of walkup stairs. They care about legal formulas and bloodlines. Let’s get into it.

New York Intestate Succession Laws: The Basics

When you die without a will in New York, the state’s intestacy laws (NY EPTL §4-1.1) take control. Think of it as letting Albany politicians you’ve never met decide what happens to everything you own.

The Legal Framework: NY EPTL §4-1.1

New York’s Estates, Powers and Trusts Law Section 4-1.1 outlines exactly how your assets get divided if you die intestate. It’s a rigid formula that ignores actual relationships.

New York’s inheritance hierarchy:

1. Surviving spouse
2. Children (biological, adopted, posthumous)
3. Parents
4. Siblings
5. More distant relatives (nieces, nephews, grandparents, aunts, uncles, cousins)

No living relatives at all? Your entire estate goes to the State of New York. They’ll probably use it to fix potholes on the BQE. Maybe.

How New York Divides Your Estate

New York’s division rules are complicated and create family drama worthy of a Woody Allen movie (minus the weird parts).

Scenario 1: You’re Married with Children (All Children Are from This Marriage)

What happens:

• Your spouse gets the first $50,000 of your estate
• Your spouse gets 1/2 of anything over $50,000
• Your children split the remaining 1/2

Example: Your estate is worth $500,000. You have two kids with your spouse.

• Spouse: $50,000 + $225,000 (1/2 of remaining $450k) = $275,000
• Children: $225,000 total ($112,500 each)

The problem: Your minor children now own assets worth $225,000. Court appoints a guardian to manage it. At 18, they get full control. Most 18-year-olds are not ready to manage six figures.

Scenario 2: You’re Married with Children from Another Relationship (Blended Family)

This is where New York gets nasty.

What happens:

• Your spouse gets the first $50,000
• Your spouse gets 1/2 of the remainder
• Your children (from ANY relationship) split the other 1/2

Example: You remarried at 50. You have two adult children from your first marriage. Your estate is worth $800,000, including your $600,000 Manhattan apartment.

• Current spouse: $50,000 + $375,000 (1/2 of $750k) = $425,000
• Your two kids from first marriage: $375,000 ($187,500 each)

Now your current spouse and your ex’s kids co-own the apartment. Your spouse wants to stay in her home. Your kids want their inheritance. No one can afford buyouts. Forced sale. Everyone’s miserable.

This is how families end up not speaking for decades.

Scenario 3: You’re Married, No Children

What happens:

• Your spouse inherits everything

Seems simple, but:

The catch: If you die close together in time (car accident, COVID, building collapse), everything your spouse inherited immediately goes to THEIR family under intestacy law, not yours.

Scenario 4: You’re Single with Children

What happens:

• Your children inherit everything equally

If they’re minors:

• Court appoints a property guardian to manage until age 18
• At 18, they get complete control
• No trust protection, no financial guidance

Scenario 5: You’re Single, No Children

What happens:

• Your entire estate goes to your parents (split equally if both alive)
• If parents deceased, your siblings inherit (split equally)
• No siblings? Nieces and nephews
• No nieces/nephews? Grandparents, then aunts/uncles, then cousins

The state will find a relative somewhere. That second cousin you met once at a bar mitzvah? Might inherit your entire estate.

Your best friend who helped you through cancer? Nothing. Zero. Legally invisible.

Special Cases in New York Intestacy

Adopted Children:
Full inheritance rights identical to biological children.

Stepchildren:
Zero inheritance rights unless legally adopted. You could have raised them since age 3—doesn’t matter.

Half-Siblings:
Same inheritance rights as full siblings in New York.

Children Born Out of Wedlock:
Inherit from mother automatically. Inherit from father only if:

• Parents married after birth
• Father acknowledged paternity in court
• Father’s name on birth certificate with his consent
• Genetic testing establishes paternity

Posthumous Children:
Children conceived before your death but born after inherit as if alive when you died.

Domestic Partners:
New York doesn’t recognize common law marriage (except those validly created elsewhere before moving to NY). Not legally married? Your partner inherits nothing under intestacy law.

Same-Sex Spouses:
Full spousal inheritance rights (marriage equality is federal law).

Foster Children:
No inheritance rights unless legally adopted.

The New York Probate Process: Surrogate’s Court Hell

New York probate happens in Surrogate’s Court. Here’s your family’s 9-18 month journey through bureaucratic purgatory while grieving.

Step 1: File Petition in Surrogate’s Court (Weeks 1-4)

Someone (usually your spouse or adult child) must file a petition with Surrogate’s Court in the county where you lived.

New York counties have separate Surrogate’s Courts:

• Manhattan: New York County Surrogate’s Court
• Brooklyn: Kings County Surrogate’s Court
• Queens: Queens County Surrogate’s Court
• Bronx: Bronx County Surrogate’s Court
• Staten Island: Richmond County Surrogate’s Court
• Upstate: County-specific courts

Required documents:

• Death certificate
• List of all assets with values
• List of all debts
• Names/addresses of all distributees (heirs)
• Filing fee: $215 for estates under $10,000; $1,250+ for larger estates

The petition asks the court to grant “letters of administration” (authority to act on behalf of the estate).

Step 2: Court Appoints Administrator (Weeks 4-12)

New York has a priority order for who can serve as administrator (NY EPTL §10-1.1):

1. Surviving spouse
2. Children
3. Grandchildren
4. Parents
5. Siblings
6. Any distributee (heir)
7. Creditors

The administrator must post a bond (insurance against mismanagement).

Bond cost: Varies by estate value, typically $500-$1,000 plus annual premiums.

Administrator duties:

• Collect all assets
• Notify creditors and pay valid debts
• File tax returns
• Manage estate during probate
• Distribute assets per NY intestacy law
• Provide detailed accounting to court

Step 3: Notify Creditors (Months 2-8)

New York requires notice to creditors but doesn’t have a formal “creditor claim period” like many states. Instead:

Administrator must:

• Send written notice to all known creditors
• Creditors have 7 months from date of death to file claims (unless notified earlier)
• If properly notified, creditors have shorter deadline (varies)

Creditor priority in New York:

1. Administration expenses (court costs, legal fees)
2. Funeral expenses (reasonable amount)
3. Federal taxes
4. State taxes
5. Medical expenses from last illness
6. Family exemption ($119,300 for surviving spouse and children)
7. Judgments in order entered
8. All other debts

During this time, your family can’t access most assets without court approval.

Step 4: Inventory and Valuation (Months 2-6)

The administrator must identify and value all assets:

• Real estate (requires professional appraisal)
• Bank accounts
• Investment accounts
• Personal property
• Business interests
• Retirement accounts (may pass outside probate if beneficiaries designated)
• Everything you owned

Appraisal costs in NY: $500-$1,200 per property (NYC higher)

Values are determined as of date of death for estate tax purposes.

Step 5: Pay Debts and Taxes (Months 6-12)

Before heirs receive anything:

• All valid debts must be paid
• Final income tax returns filed (federal and NY state)
• Estate tax returns filed if applicable
• All taxes paid

New York estate tax:

• Estates over $6.94 million (2024)
• NY estate tax rates: 3.06% to 16%
• Lower threshold than federal ($13.61M)

Many NYC estates hit NY estate tax but not federal. A Manhattan co-op owner could easily exceed the NY threshold.

Step 6: Judicial Accounting and Final Distribution (Months 10-18)

The administrator files a formal accounting with Surrogate’s Court:

• Every dollar in and out
• All asset values
• All debts paid
• Proposed distribution to heirs
• Request for administrator fee (typically 5% of estate value for first $400k, declining percentages for larger amounts)
• Request for attorney fee (typically 3-5% of estate value)

Court must approve before distribution. Heirs can object. Disputes add months or years.

Step 7: Distribution to Heirs (Months 12-18+)

Once court approves, assets are distributed per NY intestacy law.

Timeline:

• Simple estates: 9-12 months minimum
• Moderately complex: 12-18 months
• Complex or contested: 18-24+ months

Factors that delay probate:

• Real estate sales
• Business ownership
• Disputed asset values
• Family disagreements
• Missing heirs
• Creditor disputes
• Tax audits

The Cost of New York Probate

New York probate is expensive, especially in NYC.

Typical Costs for a $500,000 Estate:

Expense	Cost Range
Court filing fees	$1,250-$1,500
Attorney fees	$15,000-$25,000
Administrator fees	$20,000-$25,000
Bond	$500-$1,000
Appraisals	$500-$1,200 per property
Accounting	$1,000-$2,500
Publication/notices	$300-$600
Miscellaneous	$1,000-$2,000
Total	$39,550-$58,800

For estates over $1M (common in NYC): Add another $20,000-$50,000.

With Killswitch: $69

That’s a 99.9% discount on family drama.

Ancillary Probate: Double the Fun

Own property in New York AND another state (Florida condo, upstate cabin)?

Your family needs probate in each state.

• NY Surrogate’s Court for NY assets
• Florida probate court for Florida condo
• Vermont probate court for cabin

Multiple probates = Multiple legal fees = Multiple timelines = Multiple headaches

Everything Is Public Record

New York Surrogate’s Court files are public. Anyone can access:

• Your assets and their values
• Your debts
• Who your heirs are
• Family disputes
• How much everyone inherited
• Your home address

Many NY counties have online access. Google-able. Your landlord, your ex, identity thieves—all can access your estate information.

Real-World New York Consequences

New York’s unique challenges (expensive real estate, co-ops, blended families, high cost of living) create specific nightmares.

The Co-Op Problem

Co-ops have unique transfer rules. When you die intestate:

Real scenario: Woman owns $900,000 Brooklyn co-op. Dies without will. Three adult children inherit equally (1/3 each).

Problems:

• Co-op board must approve all new shareholders
• All three children must apply
• One child lives in California, doesn’t want to maintain NY co-op
• Co-op bylaws prohibit partial ownership transfers
• Can’t sell without unanimous heir agreement
• Can’t rent without board approval
• Maintenance fees ($2,000/month) accumulating
• Estate pays maintenance for 14 months during probate dispute
• Total cost: $28,000 in maintenance + $45,000 legal fees
• Siblings stop speaking

Blended Family Wars

Real scenario: Man remarries at 58. Has two adult children from first marriage. New wife has two adult children from her first marriage. Combined household in Manhattan. He dies at 65 without a will. Estate: $1.2 million (mostly the $950k apartment).

Under NY intestacy:

• Current wife: $50k + $575k (1/2 of remaining $1.15M) = $625,000
• His two bio children: $575,000 ($287,500 each)

His kids now own almost half the apartment their stepmom lives in. They want their money. She can’t afford to buy them out or pay them $575k. Forced sale. She has to move at age 60. Legal battle costs $80,000. Family destroyed.

With a will: He could have left the apartment to his wife and other assets to his kids. Everyone provided for. No forced sale.

Unmarried Partners Get Nothing

New York doesn’t recognize common law marriage.

Real scenario: Couple lives together in Queens for 30 years. Never married. Apartment in his name (rent-stabilized). He dies without will. His estranged sister (who he hasn’t seen in 20 years) inherits. Partner of 30 years gets nothing. 30 days to vacate. Loses rent-stabilized apartment (new market rate: 3x higher). Partner becomes financially unstable at age 62.

Small Business Destruction

Real scenario: Owner of successful Brooklyn restaurant dies suddenly without will. Four adult children inherit equally. Two want to sell. Two want to keep operating.

• Can’t agree on management
• Can’t agree on compensation
• Can’t sell without unanimous consent
• Business deteriorates during family dispute
• Key chef quits
• Regulars stop coming
• After 18 months, forced sale at 30% of pre-death value
• Legal fees consume another 25%
• Family business destroyed, family relationships destroyed

NYC-Specific Nightmares

The Rent-Controlled Apartment:
Rent-controlled or rent-stabilized apartments have succession rights for family members living with you. But intestacy can complicate this. If the apartment isn’t your primary asset or isn’t clearly documented who was residing there, succession rights get challenged.

The Upstate Cabin:
Many NYC residents own upstate property. Without a will, this requires separate filings in multiple counties, increasing costs and timeline.

The Art Collection:
NYC estates often include valuable art. Valuation disputes, authentication issues, and family disagreements over pieces create major probate delays.

How to Avoid Intestacy in New York: Take Control

New York offers several estate planning tools. Here’s how to protect your family.

Option 1: Create a Will (The Minimum)

A will doesn’t avoid probate in New York, but it:

• Lets YOU decide who inherits
• Lets YOU pick guardians for minor children
• Names YOUR executor
• Can create trusts for minors (not just court guardianship until 18)
• Speeds up probate
• Reduces family conflict
• Costs 99.9% less than dying intestate

New York will requirements:

• Age 18+ and mentally competent
• Written document
• Signed by you (or someone at your direction in your presence)
• Signed by two witnesses (in your presence)

New York does NOT recognize holographic (handwritten) wills unless made by military members in certain circumstances.

Traditional NYC attorney: $1,500-$4,000 for simple will

Killswitch: $69, valid in all 50 states including New York, unlimited updates

Option 2: Revocable Living Trust (Skip Probate Entirely)

A living trust holds your assets during lifetime. At death:

• Assets in trust skip probate completely
• Beneficiaries get assets in weeks
• Everything stays private
• No Surrogate’s Court
• Much lower costs

Especially valuable for:

• NYC co-op owners (avoid board approval delays)
• Multi-state property owners (no ancillary probate)
• Anyone valuing privacy
• Estates over $500k

Downsides:

• Costs $3,000-$6,000+ to establish
• Must transfer all assets into trust
• Requires ongoing management

Option 3: Beneficiary Designations

These assets skip probate:

• Life insurance (with named beneficiary)
• Retirement accounts (401k, IRA with beneficiary)
• Bank accounts (Payable on Death - POD)
• Investment accounts (Transfer on Death - TOD)

Transfer immediately to beneficiaries. No probate. No court.

Critical: Keep beneficiaries updated. Ex-spouses, deceased people, or “whoever you named in 2010” still inherit unless you change it.

Option 4: Joint Ownership (Use Carefully)

Joint Tenancy with Right of Survivorship:

• Automatic transfer to surviving co-owner
• Avoids probate

Tenancy by the Entirety:

• Married couples only
• Protects from individual creditors
• Good for primary residence

Tenancy in Common:

• Goes through probate (don’t use for estate planning)

Risks:

• Co-owner can drain account
• Co-owner’s creditors can attack asset
• Can accidentally disinherit intended beneficiaries
• Tax complications

Option 5: Transfer on Death (TOD) Deed for Real Estate

New York does NOT currently recognize Transfer on Death deeds for real estate (unlike some states). Real estate must either:

• Go through probate, or
• Be held in a living trust, or
• Be jointly owned with right of survivorship

This makes revocable living trusts especially valuable for NYC real estate owners.

The Smart New York Strategy

Minimum protection:

1. Will ($69 with Killswitch)
2. Beneficiary designations on all accounts
3. Joint ownership on primary residence with spouse

Better protection:

1. Will
2. Beneficiary designations
3. Powers of Attorney (financial and healthcare)
4. Healthcare proxy

Maximum protection (NYC, co-ops, complex estates):

1. Revocable Living Trust
2. Pour-over will
3. Beneficiary designations
4. Powers of Attorney
5. Healthcare proxy and living will

Killswitch: New York Estate Planning Without the Hassle

You know what happens if you die without a will in New York. Your family spends 12-18 months in Surrogate’s Court, pays $40,000-$60,000 in fees, and the state decides who gets your stuff.

Or you could spend 30 minutes and $69 to make these decisions yourself.

How Killswitch Works for New Yorkers

Killswitch is online will creation for people who have better things to do than schlep to a law office in Midtown for three hours of paperwork.

What you get:

• Legally valid New York will in 30 minutes
• Unlimited free updates (marriage, divorce, move, new kids—update anytime)
• Plain English (no legalese)
• Instant download and secure storage
• 14-day money-back guarantee

What you can specify:

• Who inherits what (specific bequests)
• Guardian for minor children
• Executor
• Trusts for minors (better than court guardian until 18)
• Digital assets (crypto, online businesses)
• Funeral wishes

New York compliance:

• Meets all NY EPTL requirements
• Proper witness requirements
• Valid in all NY counties
• Works with Surrogate’s Court

Cost comparison:

Option	Cost	Time	Updates
NYC attorney	$1,500-$4,000	2-6 weeks	$500+ each
LegalZoom	$99-$299	1 hour	$99+ each
Killswitch	$69	30 minutes	Free forever

Frequently Asked Questions: New York Estate Law

Does New York have an estate tax?
Yes. NY estate tax applies to estates over $6.94 million (2024). Rates: 3.06% to 16%. This is MUCH lower than the federal threshold ($13.61M), so many NYC estates face NY estate tax.

Are handwritten wills valid in New York?
No, except for military members in certain circumstances. NY requires two witnesses.

Can I disinherit my spouse?
Not entirely. NY gives surviving spouses a “right of election” to claim $50,000 or 1/3 of your estate (whichever is greater).

Can I disinherit my children?
Yes, but you must explicitly state this in your will. Simply not mentioning them isn’t enough.

What about my co-op apartment?
Co-ops have unique transfer rules. Your will should address this specifically. Without a will, heirs must apply for board approval, which can be denied, forcing a sale.

What if I own property in NY and Florida?
You’ll need probate in both states. A revocable living trust avoids this.

Do domestic partners have inheritance rights?
Only if you’re legally married. Domestic partnership without marriage = zero inheritance rights under intestacy.

How long to contest a will in New York?
Generally 4 months to 7 years depending on the grounds for contest and when the challenger received notice.

What’s a healthcare proxy?
A document naming someone to make medical decisions if you can’t. Separate from a will. Highly recommended.

Key Takeaways: Don’t Let Albany Decide Your Legacy

What happens without a will in NY:

• NY intestacy law decides who inherits (not you)
• 9-18 months minimum in Surrogate’s Court
• $40,000-$60,000+ in costs
• Everything becomes public record
• Court picks guardian for minor children
• Blended families end up in litigation

Who inherits:

• Married with kids: Spouse gets $50k + 1/2 remainder, kids split other 1/2
• Single with kids: Children split everything
• Single, no kids: Parents, then siblings, then extended family
• Married, no kids: Spouse gets everything

How to prevent it:

• Create a will ($69 with Killswitch)
• Designate beneficiaries
• Consider living trust (especially for co-ops/real estate)
• Update after life changes

Bottom line: Dying without a will in New York means your family spends over a year in court and $50,000+ in fees while the state decides your legacy. Or spend 30 minutes and $69 to make those decisions yourself.

Your choice, New York.

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Stop Leaving Your New York Family’s Future to Chance

You know the nightmare now. The Surrogate’s Court. The fees. The co-op board drama. The public records.

Still thinking “I’ll do it later”?

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