What happens if there is no will?

If someone dies without leaving a will in New York, their estate is subject to the laws of intestacy. This means that the deceased’s assets are distributed according to New York’s intestacy statute. Under this statute, if an individual does not have any living blood relatives, their entire estate will be subject to escheatment, which means it will pass to the state. Otherwise, the intestacy laws dictate which living blood relatives, if any, will ultimately receive the deceased’s assets. Generally, the assets will pass first to the surviving spouse, then to the deceased’s children and/or other descendants, depending on the situation. If there is no surviving spouse, the estate will pass to the deceased’s parents. If the deceased has no surviving parents, the estate will pass to siblings, and if there are no siblings, the estate will pass to uncles and aunts or their children. If there are no living relatives, then the state will inherit the entire estate. The New York courts will appoint an individual or trust company to manage and distribute the estate in accordance with the intestacy laws. This is known as an administrator or a personal representative. The administrator’s role is similar to that of an executor in a will but their powers are limited to what is provided in the law. It is important that any person or company appointed as an administrator is carefully selected in order to ensure that the deceased’s estate is managed properly.

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What happens if there is no will?

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