What happens to the assets in an intestate estate after the death of the deceased?

When a person dies intestate (without a will) in New York, their assets are distributed through a process known as intestate succession. After the death of the deceased, the surviving spouse and family are first to be provided for. Any assets remaining will be distributed according to state law, which differs from state to state. Under New York law, the surviving spouse is the first beneficiary to inherit the estate, and will inherit the entire estate if the deceased had no living descendants (children, grandchildren, etc.). If the deceased had children or grandchildren from a prior relationship, the surviving spouse is only entitled to a portion of the estate. The other portion goes to the deceased’s children or grandchildren. If the deceased has no living descendants, the estate is divided among the deceased’s siblings or, if there are none, the deceased’s parents (or their heirs). If the deceased has no living parents or siblings, the estate will be distributed among other descendants such as nieces, nephews, aunts, uncles, cousins, or, if no descendants are living, the assets are divided between the next of kin by blood or by marriage. If the deceased had no known heirs, the assets eventually pass to the state as escheat. In New York, the process of intestate succession is complicated and can be difficult to navigate without the assistance of a lawyer. It is recommended that before someone dies, they create a will to avoid the complexities and uncertainties of intestate succession.

Related FAQs

How do state laws of intestacy apply to stepchildren?
Can someone change or revoke an intestate succession?
How do state laws of intestacy apply to same-sex couples?
What happens to the assets in an intestate estate after the death of the deceased?
What happens to the surviving spouse in an intestate estate?
Are there any restrictions on how an intestate estate can be divided?
Does the size of an intestate estate matter?
What is the role of an attorney in an intestate succession?
How do state laws determine who inherits an estate if there is no will?
Is the surviving spouse always entitled to a share of the estate?

What happens to the assets in an intestate estate after the death of the deceased?

Related FAQs

Related Blog Posts