How are assets distributed when someone dies without a will in New York?

Full question:

How the assets are distributed and to whom, when a person dies without a Will in New York?

• Category: Wills and Estates
• Date: 04/07/2025
• State: New York

Answer:

In New York, if a person dies without a will, their assets are distributed according to the New York Estates Powers and Trusts Law (EPTL) § 4-1.1. This law outlines how a decedent's estate is divided after deducting debts, administration expenses, and reasonable funeral costs.

Here’s how distribution occurs based on the surviving relatives:

• Spouse and children: The spouse receives fifty thousand dollars plus half of the remaining estate, while the children receive the other half by representation.
• Spouse only: The entire estate goes to the spouse.
• Children only: The entire estate goes to the children by representation.
• Parents only: If there’s no spouse or children, the estate goes to the surviving parent or parents.
• Siblings (issue of parents): If there’s no spouse, children, or parents, the estate goes to the siblings by representation.
• Grandparents: If there’s no spouse, children, parents, or siblings, half goes to the paternal grandparents or their descendants, and half goes to the maternal grandparents or their descendants.
• Great-grandchildren: If there are no other relatives, the estate is divided equally between the great-grandchildren of the paternal and maternal grandparents.

Note that relatives of the half blood are treated the same as those of the whole blood. Additionally, any child conceived before the decedent's death but born alive afterward is treated as if they were born during the decedent's lifetime. Adopted children have the same rights as biological children regarding inheritance. A surviving spouse's share replaces any dower rights they may have had.