Who Inherits If You Die Without a Will

The Reality of Dying Intestate

When someone passes away without a will, they are said to have died "intestate." This means that the distribution of their assets falls under the jurisdiction of state intestacy laws, which dictate who inherits based on familial relationships. Understanding these laws can help individuals plan better and set clear intentions to ensure their final wishes are honored.

Who Becomes an Heir?

1. Surviving Spouse

In New York, if a deceased person leaves behind a surviving spouse and no children, the spouse inherits everything. However, if there are surviving children, the spouse is entitled to $50,000, plus half of the estate, while the surviving children are entitled to the remainder of the estate.

2. Children

If there is no surviving spouse, the estate is divided equally among the children. If a child predeceases, the child's share is divided between his or her surviving children.

3. Parents

If a person dies without a surviving spouse or children, their parents are next in line to inherit.

4. Siblings

In the absence of a surviving spouse, children, or parents, siblings of the deceased become the heirs. Much like with parents, if siblings are alive, they receive equal shares. If a sibling predeceases the decedent, their share goes to their living descendants.

5. Extended Family Connections

When immediate relatives are unavailable, the estate eventually passes to more distant relatives like grandparents, aunts, uncles, or cousins.  

6. Dying Without Relatives

In New York, no one more remote than a first cousin, once removed, can inherit from a deceased person.  If the decedent dies without any family members, their estate escheats to New York State.

The Importance of a Will

Relying on intestacy laws could lead to distributions that might not align with your wishes. Creating a will ensures clarity and peace of mind, allowing you to designate exactly who should inherit your assets, including non-relatives or charitable organizations, something intestacy laws can't accommodate. Consulting with an attorney to draft a will can be a proactive step in safeguarding your legacy and ensuring your estate is handled according to your desires.