What are the rules of intestacy in New York?

On Behalf of | Oct 4, 2024 | Estate Planning |

Imagine someone you love passing away without leaving a will. It’s a difficult scenario to think about, but it’s a reality that many families face. When someone dies without a will, it’s called “intestacy.”

In New York, the state has its own intestacy rules for allocating the deceased person’s property and belongings. These rules are meant to provide a sense of fairness and order, but they can also lead to unexpected and sometimes unwanted consequences.

What are the intestacy laws in the state?

When someone dies without a will in New York, the state’s intestacy laws determine who inherits their property and belongings. Here’s a breakdown of the state’s laws of intestacy:

  • If the deceased person was married but no children, the spouse will get everything. This means that the spouse will receive the entire estate without any claims from other relatives.
  • If the decedent has children but no spouse, the children inherit everything. This rule triggers regardless of the children’s ages or whether they are minors or adults.
  • If the decedent has a spouse and kids, the spouse inherits $50,000 and half of the balance of the estate. The children inherit everything else.
  • If the decedent’s parents are alive but they have no spouse and no children, the parents inherit everything.
  • If the decedent has siblings but no spouse, children or parents, the siblings will get everything. This means that the siblings will divide the estate equally among themselves.

One important note: if a child of the decedent dies before the decedent, and that child had their own kids, those grandchildren inherit in place of their parent. The grandchildren will inherit the share their parents would have received if they were still alive.

Taking control of your legacy

Understanding these regulations is highly essential for anyone who wants to ensure that people respect their wishes after they’re gone. While the state’s laws are in place to provide a sense of order, they may not align with your personal desires or priorities. By creating a detailed will, you can ensure your loved ones are provided for.