No one likes to think about passing away without a plan in place. Still, it happens more often than you might think. If you die without a will in New York, state law decides what happens to your property and who receives it.
Understanding intestacy laws
In New York, dying without a will means your estate is handled under intestacy laws. These rules decide how your assets get divided. If you have a spouse but no children, your spouse inherits everything. If you have children but no spouse, your children share your estate equally.
If you leave behind both a spouse and children, your spouse gets the first $50,000 plus half of the rest, while your children split the remaining balance. If you do not have a spouse or children, the state looks to parents, siblings, and other relatives.
How the court appoints an administrator
Without a will naming an executor, the court chooses someone to manage your estate. This person is called an administrator, and typically, a close family member takes the role. The administrator must gather your assets, pay any outstanding debts, and distribute the remaining assets in accordance with New York’s intestacy laws. This process can be time-consuming and sometimes leads to disagreements among family members.
The impact on minor children
If you have minor children and no will, you will not be able to choose a guardian for them; instead, the court makes that decision. Judges consider the best interests of the child, but may not pick the person you would have wanted. Naming a guardian in a will helps avoid uncertainty and gives you control over your children’s future.
Why a will makes a difference
Having a will allows you to decide who inherits your property and who manages your estate. Without it, New York’s intestacy laws make those choices for you. Writing a will gives you peace of mind and helps your loved ones avoid additional stress during an already difficult time.