Dying without a will is a common occurrence in the state of New York. When an individual dies without a will, it is known as dying intestate. In such cases, the distribution of the deceased person’s assets is governed by New York intestacy law. Intestacy laws are complex and can be challenging to navigate, which is why it is essential to understand the implications of dying without a will in New York. The distribution of assets in the absence of a will can lead to legal disputes among heirs and may not reflect the deceased person’s wishes. In this article, Eastcoastlaws.com will discuss the consequences of dying without a will in New York and explore how the intestacy laws determine the distribution of assets in such cases. We will also provide guidance on estate planning and explain how a will can help ensure that an individual’s assets are distributed according to their wishes after their death.
Your Heirs Must Go To The Surrogate’s Court
Whether or whether you have a will, your survivors must go through the Surrogate’s court system if you pass away with assets in your name. To manage your assets, someone needs to be given authority. If there is a will, the executor is usually designated in the will. If there is no will, one of the heirs is usually chosen to serve as the “administrator” of the estate. The person in charge of managing your estate is this. No matter what, you must appear in court.
Seldom does someone pass away with no assets to their name? Either they have nothing, or all of their assets are held in trusts or other non-probate ownership arrangements (such as a bank account with a named beneficiary or real estate owned by another as joint tenants with rights of survivorship). Planning your estate carefully can help you avoid going to court.
The Authority To Act On Behalf If Your Estate Is Up For Grabs
One advantage of having a will is that it allows you to specify who will be in charge of managing your estate, or the executor. The Surrogate will often appoint one or more of your heirs to a role known as “administrator” if you don’t have a will. The appointment is based on the New York legal priority system. The following is the priority list:
- Spouse
- Children
- Grandchildren
- Parents
- Siblings
The list continues to cover uncommon situations like when all heirs consent to name a third party as administrator.
If all of your successors are wise, dependable, and trustworthy individuals, selecting a person to be in charge may not be crucial. So it’s wise to choose the correct individual and steer clear of conflict in a family with dubious characters and tense connections.
Intestacy Laws In New York
Intestacy laws in New York are a set of rules that dictate how a deceased person’s assets are distributed if they pass away without a will. When a person dies without a will, it is known as dying intestate. In such cases, the distribution of the deceased person’s assets is governed by the New York intestacy law.
Under New York intestacy law, the deceased person’s assets will first go to their surviving spouse. If the deceased person has no spouse, the assets will be distributed to their children or their descendants. If the deceased person has no spouse or children, the assets will go to their parents. If the deceased person has no surviving spouse, children, or parents, the assets will be distributed to their siblings or their descendants. If the deceased person has no surviving siblings or descendants, the assets will be distributed to the next of kin.
In the absence of a will, the court will appoint an administrator to manage the distribution of assets. The administrator will be responsible for locating and identifying all of the deceased person’s assets, paying any outstanding debts and taxes, and distributing the remaining assets according to the New York intestacy law.
It is important to note that the New York intestacy law may not distribute the assets in the way that the deceased person would have wished. For example, if the deceased person wanted to leave a specific asset to a friend or charity, that asset may not be distributed under the intestacy law.
To ensure that their assets are distributed according to their wishes, individuals should consider creating a will. A will allows an individual to specify how their assets will be distributed after their death and can help avoid potential legal disputes among heirs.
Which Assets Pass by Intestate Succession
Intestate succession laws only apply to assets that pass through probate. As many priceless assets are not subject to the probate process, intestate succession laws are not applicable. These are a few instances:
- property you’ve transferred to a living trust
- life insurance proceeds with a named beneficiary
- funds in an IRA, 401(k), or other retirement accounts with a named beneficiary
- securities held in a transfer-on-death account
- real estate for which you have a transfer on the death deed
- vehicles for which you have a transfer on death registration
- payable-on-death bank accounts, or
- property you own with someone else in joint tenancy or tenancy in the entirety.
Regardless of whether you have a will or not, these assets will pass to the survivor co-owner or the beneficiary you designated. Yet, intestate succession may be used to transfer your property if you don’t have a will and none of the named beneficiaries are still living to receive it.
Who Gets What In Intestate In New York
Who receives what in an intestate succession depends on whether you have living parents, children, or other close relatives when you pass away. This is a brief summary:
| If you die with: | here’s what happens: |
| children but no spouse | children inherit everything |
| spouse but no descendants | spouse inherits everything |
| spouse and descendants | spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
| parents but no spouse or descendants | parents inherit everything |
| siblings but no spouse, descendants, or parents | siblings inherit everything |
Spousal Inheritance In New York
Under New York intestacy law, if a person dies without a will and is survived by a spouse, their spouse will inherit a portion of their assets. The amount that the surviving spouse inherits depends on whether the deceased person had any surviving children or descendants.
If the deceased person had no surviving children or descendants, their spouse will inherit the entire estate. However, if the deceased person had to survive children or descendants, the distribution of the estate becomes more complicated.
In such cases, the surviving spouse will inherit the first $50,000 of the deceased person’s estate, as well as half of the remaining balance of the estate. The other half of the estate will be divided equally among the deceased person’s children or their descendants.
For example, let’s say that John dies without a will and is survived by his wife Mary, and their two children, Tom and Jane. John’s estate is valued at $200,000. Under New York intestacy law, Mary would inherit the first $50,000 of John’s estate and half of the remaining balance, which is $75,000. Mary would receive a total of $125,000 from John’s estate. The remaining $75,000 would be divided equally between Tom and Jane, who would each inherit $37,500.
It is important to note that the spousal inheritance laws in New York may not reflect the wishes of the deceased person. For example, if John had wanted to leave a specific asset to his children or a charity, that asset may not be distributed under the intestacy law.
Inheritance By Children In New York
Under New York intestacy law, if a person dies without a will and is survived by children or descendants, their assets will be distributed to their children. The amount that each child inherits depends on the number of surviving children and whether the deceased person was married at the time of their death.
If the deceased person was married at the time of their death, and they have surviving children or descendants from that marriage, their spouse will inherit the first $50,000 of the estate, as well as half of the remaining balance of the estate. The other half of the estate will be divided equally among the deceased person’s children or their descendants.
If the deceased person was not married at the time of their death, their children or their descendants will inherit the entire estate, divided equally among them.
It is important to note that under New York intestacy law, children include biological and adopted children, but not stepchildren or foster children unless they have been legally adopted.
For example, let’s say that Jane dies without a will and is survived by her husband John, and their two children, Tom and Sarah. Jane’s estate is valued at $200,000. Under New York intestacy law, John would inherit the first $50,000 of Jane’s estate and half of the remaining balance, which is $75,000. Tom and Sarah would each inherit $37,500.
If Jane was not married at the time of her death, Tom and Sarah would inherit the entire estate, divided equally between them.
It is important to note that the distribution of assets under New York intestacy law may not reflect the wishes of the deceased person.
Intestate Succession In New York
Intestate succession in New York refers to the legal process of distributing a deceased person’s assets when they die without a will or other estate planning documents. New York intestacy law governs the distribution of assets in such cases.
Under New York intestacy law, the distribution of assets depends on the surviving family members of the deceased person. If the deceased person is survived by a spouse and children or descendants, the surviving spouse will inherit the first $50,000 of the estate, as well as half of the remaining balance of the estate. The other half of the estate will be divided equally among the deceased person’s children or their descendants.
If the deceased person is survived by a spouse but has no children or descendants, the surviving spouse will inherit the entire estate.
If the deceased person is not survived by a spouse but is survived by children or descendants, the children or descendants will inherit the entire estate, divided equally among them.
If the deceased person is not survived by a spouse or children or descendants, the estate will be distributed to the deceased person’s parents. If the parents are not alive, the estate will go to the deceased person’s siblings or their descendants. If the deceased person has no surviving family members, the estate will be escheated to the state of New York.
It is important to note that under New York intestacy law, only biological and adopted children are considered heirs, not stepchildren or foster children unless they have been legally adopted.
Probate And Estate Administration In New York
Probate and estate administration are legal processes that occur after a person passes away to distribute their assets to their heirs and beneficiaries. In New York, these processes are governed by state law and can be complex, time-consuming, and expensive.
Probate is the court-supervised process of validating a deceased person’s will and administering their estate. In New York, probate is required if the deceased person owned property in their name alone that exceeds a certain value. The probate process includes proving the validity of the will, identifying and collecting the deceased person’s assets, paying debts and taxes, and distributing assets to the beneficiaries named in the will.
If the deceased person did not have a will or their will is deemed invalid, their estate will be distributed according to New York intestacy laws. In such cases, the court will appoint an administrator to handle the estate administration process.
The estate administration process in New York includes identifying and collecting the deceased person’s assets, paying debts and taxes, and distributing assets to the heirs and beneficiaries according to New York intestacy laws. The court will appoint an administrator to handle the estate administration process if there is no will or if the person named as executor in the will is unable or unwilling to serve.
Both probate and estate administration can be time-consuming and expensive processes, as they involve court filings, legal fees, and other costs. It is important for individuals to consider estate planning measures, such as creating a will or establishing a trust, to help minimize the need for probate and simplify the estate administration process for their loved ones.
Challenges And Disputes In New York Intestacy Cases
Intestacy cases in New York can sometimes result in challenges and disputes, particularly when family members disagree about the distribution of assets. These challenges and disputes can cause delays, increase legal costs, and lead to tension and strained relationships among family members.
One common challenge in New York intestacy cases is the identification of all potential heirs. Under New York law, only biological and adopted children are considered heirs, not stepchildren or foster children, unless they have been legally adopted. However, in some cases, individuals may have children from previous relationships, which can complicate the distribution of assets.
Another challenge in New York intestacy cases is the valuation of assets. In some cases, the value of assets may be difficult to determine, such as in cases where the deceased person owned a business or real estate. Valuation disputes can cause delays and increase legal costs, as parties may need to hire experts to help determine the value of the assets.
Disputes can also arise when family members disagree about the distribution of assets. For example, if a deceased person is survived by a spouse and children, but the spouse has children from a previous relationship, there may be disagreements about how the assets should be distributed. Similarly, if a deceased person has a significant amount of debt, there may be disputes over how the debt should be paid off.
To help minimize the potential for challenges and disputes in New York intestacy cases, individuals should consider creating a will and other estate planning measures. This can help ensure that their wishes are carried out after their death and minimize the likelihood of family disputes. It is also important to seek the guidance of an experienced estate planning attorney to help navigate the complexities of New York intestacy law and ensure that all legal requirements are met.
Planning For Intestacy In New York
While it is always recommended to have a comprehensive estate plan in place, sometimes circumstances prevent individuals from doing so. In cases where a person passes away without a will in New York, their assets will be distributed according to the state’s intestacy laws. However, there are some steps individuals can take to plan for intestacy and ensure that their assets are distributed according to their wishes.
The first step in planning for intestacy in New York is to understand how the state’s intestacy laws work. These laws determine how a person’s assets will be distributed if they pass away without a will. For example, if a person is survived by a spouse but has no children, their spouse will inherit their entire estate. If a person is survived by a spouse and children, their spouse will inherit the first $50,000 of their estate plus half of the remaining estate, while their children will inherit the other half.
Once individuals understand how New York intestacy laws work, they may want to consider making a list of their assets and potential beneficiaries. This can help ensure that their assets are distributed according to their wishes and can also help their loved ones navigate the estate administration process more efficiently.
In addition, individuals may want to consider designating beneficiaries on assets that pass outside of probates, such as life insurance policies, retirement accounts, and bank accounts with payable-on-death (POD) or transfer-on-death (TOD) designations. These designations can help ensure that these assets are distributed to the intended beneficiaries without the need for probate.
Finally, individuals may want to consider working with an experienced estate planning attorney to create a will or other estate planning measures. While these documents may not prevent the need for intestacy in some cases, they can help ensure that assets are distributed according to the individual’s wishes and can also help minimize the likelihood of family disputes.
How Long Does Probate Take In NY With No Will?
The duration of probate in New York without a will, or intestate probate, depends on several factors, including the complexity of the estate, the number of heirs, and whether any disputes arise during the probate process.
In general, probate in New York typically takes around 9 to 18 months to complete, but this can vary significantly depending on the circumstances. For a simple estate with few assets and no disputes, probate may be completed more quickly, while a more complex estate with many assets and disputes may take longer.
In intestate probate, the court must first appoint an administrator to oversee the estate. The administrator will then need to gather and inventory all of the decedent’s assets, pay off any outstanding debts or taxes, and distribute the remaining assets to the legal heirs. If there are disputes or challenges to the distribution of assets, this can significantly prolong the probate process.
It’s worth noting that the COVID-19 pandemic has caused delays in the New York probate process due to court closures and staffing shortages. As such, the timeline for probate in New York without a will may be longer than usual.
Legal Assistance For Intestacy Cases In New York
Intestacy cases in New York can be complex and confusing, and it is often beneficial to seek the assistance of a legal professional who specializes in estate planning and probate law. Here are some ways that legal assistance can help in New York intestacy cases:
- Understanding Intestacy Laws: Intestacy laws in New York can be complicated and difficult to understand, especially for those who are not familiar with estate planning and probate law. A legal professional can help explain how these laws work and how they may apply to the specific situation at hand.
- Identifying Heirs: Determining who the legal heirs are in an intestacy case can be challenging, especially if there are multiple potential heirs or if there are questions about the biological relationships between individuals. A legal professional can help identify potential heirs and navigate any legal challenges that may arise.
- Estate Administration: The administration of an estate in an intestacy case can be a complex and time-consuming process. A legal professional can assist with the preparation and filing of necessary legal documents, as well as with the management and distribution of assets.
- Dispute Resolution: Disputes can arise in intestacy cases, particularly when family members disagree about the distribution of assets. A legal professional can help mediate these disputes and work to find a resolution that is acceptable to all parties involved.
- Estate Planning: While it is too late to create a will after an individual has passed away, legal professionals can help individuals create an estate plan that takes into account the possibility of intestacy. This can help ensure that assets are distributed according to the individual’s wishes and can minimize the potential for family disputes.
In conclusion, legal assistance can be extremely helpful in New York intestacy cases. Whether it’s understanding intestacy laws, identifying heirs, assisting with estate administration, resolving disputes, or creating an estate plan, legal professionals can provide the necessary guidance and support to ensure that the estate administration process goes as smoothly as possible.
