What happens to an estate if there is no will?

If an individual in New York dies without a will, also known as “intestacy,” their estate is distributed according to the state’s intestate succession laws. These laws lay out who will inherit the estate. The beneficiaries can vary depending on if the person was married, had children, or any other surviving family members. The spouse of the deceased is typically the first to inherit their assets. If the deceased did not have a spouse, their children (or grandchildren if the children are deceased) are the next in line to receive the assets. If there are no children, the parents will be the next recipients, and if there are no parents, then the estate goes to siblings or other surviving relatives. If no relatives are able to be identified, the estate will go to the state. If there are minor children involved, a court-appointed guardian will oversee the distribution of assets until the children reach the age of 18. Additionally, if the estate is large, it may have to go through probate, a process in which the court appoints an executor to oversee the distribution of assets. Without a will, the executor will likely be chosen from the family members in the order specified by the intestacy laws. In the end, it is always best to have a will in place to ensure that your specific wishes about how to distribute your estate are followed.

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What happens to an estate if there is no will?

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