Death comes unexpectedly, leaving families to deal with both emotional and legal challenges. While grieving the loss of a loved one, many New York families face additional stress when they discover there’s no will in place.
This situation, known as dying intestate, triggers specific state laws that determine how assets get distributed.
How New York law distributes your assets
When you die without a will in New York, the state’s intestacy laws take control of your estate distribution. Your assets follow a strict inheritance hierarchy based on your closest living relatives.
If you have a spouse and kids, your spouse receives $50,000 plus half of the remaining estate while the children split the other half. Without children, your spouse inherits everything. Single people without children see their assets go to parents first, then siblings, and finally to more distant relatives.
Why dying without a will creates problems
Dying without a will in New York can lead to several complications for your loved ones. The main problem ahead is that instead of your wishes determining who gets what, state law takes over—often with results you might not have wanted.
Your assets might go to unintended beneficiaries. Let’s say you have a partner but have yet to marry. They likely won’t get anything from your estate as the law prioritizes blood relatives.
Other possible issues include:
- Probate may take longer and cost more money
- Family conflicts may arise over asset distribution
- The court chooses the guardian for your minor children
These complications often add unnecessary stress during an already difficult time for your family.
Looking ahead for your loved ones
Creating a will is one of the most important steps you can make to protect your family’s future and your estate. Your will serves as your voice after you’re gone so that your assets go to the people you choose.
By taking time to create a will now, you give your family the gift of clarity and peace of mind—giving time to grieve and accept your death.
