If someone dies without a will (and has not used any other legal method to transfer property at death, such as a trust), the person had died intestate. The distribution of an intestate estate is governed by the law of New York State and is known as intestate administration.

Unlike a probate proceeding where the decedent designates an executor to handle the estate, an administration proceeding is governed by statute that has an order of priority of individuals who are eligible to serve as administrator of an intestate estate. The law provides the following order of who has priority to be appointed administrator: surviving spouse, children, grandchildren, parents and siblings. The administrator then petitions the Surrogate’s Court to have Letters of Administration issued that allow the administrator to act.

Once an administrator has been appointed and Letters of Administration have been issued by the Surrogate, the process operates similarly to the administration of an estate for which the deceased had prepared a will or trust. However, since there is no will or trust which names the decedent’s beneficiaries, New York has an intestate succession law which states that certain persons receive the estate. If there is a surviving spouse but no lineal descendants (children, grandchildren, or great-grandchildren, natural or adoptive), then the spouse gets the entire estate. If there are lineal
descendants, the spouse gets the first $50,000 and the spouse and lineal descendants each take half of the balance. If there is no surviving spouse and no lineal descendants, then the estate goes to any surviving parents of the decedent. If no parents, then to other relatives of the decedent, starting with brothers and sisters. Often, intestate succession is not what the decedent would have wanted, which is one of many reasons why having a will or trust is important.

In addition, in the absence of a will, a court will determine who will care for your young children and their property if both parents are deceased or the surviving parent is unavailable or unfit.

 
More related articles

• How To Probate a Will in New York State
• What is New York Probate?
• What Property is Not Included in the New York Probate Process?
• How Long Does it Take to Complete New York Probate?
• Are Most Wills Admitted to New York Probate Without a Will Contest?
• What if the New York Decedent Left No Will?
• Can I Handle New York Probate on My Own?
• Is There an Advantage to Avoiding New York Probate?
• What Is the Responsibility of the Executor after the Will is Probated in New York?
• What Taxes are Involved in Administering the New York Estate?

Larry

Lawrence J. Peck, Esq.
Founder of the Estate Planning New York Group
Manhattan, New York City

P.S. Click here for access to the 26 Most Common Estate Planning Mistakes.