Can a surviving spouse receive less than their fair share of an intestate estate?

Yes, a surviving spouse can receive less than their fair share of an intestate estate in New York. This is because intestate succession law in New York is based on a statutory formula. According to this formula, the surviving spouse may receive up to the first $50,000 of the decedent’s estate plus one-half of the balance. Additionally, if there are any surviving children, then the spouse will receive one-third of the balance. However, if there are no surviving children, the surviving spouse may receive up to the first $50,000 plus two-thirds of the balance. In other words, if the decedent’s estate is worth more than $50,000, the surviving spouse may not receive their full share of the decedent’s estate. This could be due to there being surviving children or other relatives in line for a share of the estate. In these cases, the surviving spouse is not entitled to their full share according to the formula. Thus, the surviving spouse could receive less than their fair share of the intestate estate.

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Can a surviving spouse receive less than their fair share of an intestate estate?

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