What is intestate succession law?

Intestate succession law is the legal process which determines who will inherit a deceased person’s property if that person did not leave behind a will. New York State intestacy laws dictate who gets what when someone passes away without a will. Generally, the court will look at the closest surviving family members in order to distribute the deceased person’s estate. The first step is to identify the deceased person’s closest surviving family members. In New York State, this includes spouses, children, grandchildren, parents, and siblings. The court will then divide the estate amongst these family members. If the deceased person was married, the surviving spouse usually receives the entire estate. If the married couple have children, the surviving spouse typically receives half and the other half is divided amongst the children. If the deceased was not married, their closest surviving relatives will share the estate. Generally, this includes children and grandchildren who receive equal portions. If the deceased person has neither children nor grandchildren, the estate goes to their parents and siblings. In some cases, the court may also award portions of the estate to the deceased person’s grandparents, aunts, uncles, or nieces and nephews. This depends on the situation and the details of the intestacy law in New York. Ultimately, intestate succession law dictates who will inherit a deceased person’s estate when they do not leave a will. It is important to understand these laws so that family members are able to get their fair share of a loved one’s estate.

Related FAQs

How does an intestate succession differ from a will contest?
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What is intestate succession law?

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