Are there any restrictions on how an intestate succession is divided?

Yes, there are restrictions on how an intestate succession is divided in New York. In general, if the deceased person had a surviving spouse, the spouse will be entitled to the deceased person’s entire estate if the deceased had no living descendants (children, grandchildren, etc.). If the deceased had living descendants, the spouse will be entitled to the first $50,000 plus an additional one-half of the remaining estate. If the deceased did not have a surviving spouse, then any living descendants of the deceased will share the deceased’s estate, with the surviving parents of the deceased also sharing in the estate if the deceased had no living descendants. If the deceased had any living siblings, then the siblings will be entitled to an equal share of the deceased’s estate. Finally, if the deceased had no living descendants, no surviving spouse, and no living siblings, then the deceased’s surviving parents, if any, will be entitled to an equal share of the deceased’s estate. If there are no surviving parents, then the deceased’s estate will pass to more distant relatives of the deceased, such as nieces and nephews. In all cases, if no living relatives of the deceased can be located, then the deceased’s estate will go to the state of New York. In summary, the division of an intestate succession in New York is subject to certain restrictions based on whether or not the deceased had a surviving spouse, living descendants, living siblings, or surviving parents.

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Are there any restrictions on how an intestate succession is divided?

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