NY estate risk
Intestacy risk in New York
How assets are distributed when there is no will and state default rules control the outcome.
New York intestacy gives a surviving spouse $50,000 plus one-half of the balance when there are descendants, with the remainder passing to descendants by representation.
At a glance
Key takeaways
- If a decedent is survived by a spouse and issue, the spouse receives $50,000 plus one-half of the residue and the issue take the balance by representation.
- If there is a spouse and no issue, the spouse inherits the entire estate.
- If there is issue and no spouse, the issue inherit the entire estate by representation.
- If there is no spouse or issue, parents inherit, then siblings (issue of parents) by representation.
Questions to consider
Questions to consider in New York
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
New York intestacy gives a surviving spouse $50,000 plus one-half of the balance when there are descendants, with the remainder passing to descendants by representation.
- If a decedent is survived by a spouse and issue, the spouse receives $50,000 plus one-half of the residue and the issue take the balance by representation.
- If there is a spouse and no issue, the spouse inherits the entire estate.
- If there is issue and no spouse, the issue inherit the entire estate by representation.
- If there is no spouse or issue, parents inherit, then siblings (issue of parents) by representation.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://www.nysenate.gov/legislation/laws/EPT/4-1.1
- https://www.nysenate.gov/legislation/laws/EPT/2-1.6
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in New York.
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