Who inherits in New York if someone dies without a will?

The full answer

Estates, Powers and Trusts Law § 4-1.1(a) sets the order. First, debts, administration expenses and reasonable funeral expenses are deducted. Then what is left goes to the first group on this list that has a living member:

• Spouse and children (or other descendants): the spouse receives $50,000 plus half of the rest; the descendants share the remaining half by representation.
• Spouse and no descendants: everything to the spouse.
• Descendants and no spouse: everything to the descendants, by representation.
• No spouse or descendants: everything to the parent or parents.
• None of the above: everything to the parents' descendants — brothers and sisters, and the children or grandchildren of any who died — by representation.
• None of the above: half to the grandparents (or their descendants, up to first cousins) on the father's side and half to those on the mother's side; if one side has nobody, the other side takes all.
• None of the above: the great-grandchildren of the grandparents (first cousins once removed), half to each side, in equal shares per person.

Example

A woman dies without a will, leaving a husband, two children and an estate worth $250,000 after debts and expenses. Her husband receives $50,000 plus half of the remaining $200,000 — $150,000 in all. Each child receives $50,000. If one child had already died leaving two children of their own, those two grandchildren would share their parent's $50,000.

Exceptions and special cases

• Half-siblings inherit the same as full siblings (§ 4-1.1(b)).
• A child conceived before the death but born afterward inherits as if born before (§ 4-1.1(c)). Adopted children's rights are governed by the Domestic Relations Law (§ 4-1.1(d)).
• A spouse may be disqualified — for example, if a divorce or a separation judgment against that spouse was in effect at the death, or if the spouse abandoned the person who died and the abandonment continued until death (§ 5-1.2).
• Family exemption: before anything else is divided, a surviving spouse (or, if none, children under 21) receives certain property outright, such as household items and furniture up to $20,000, one car up to $25,000, and up to $25,000 in money, with some reductions (§ 5-3.1).
• Property that passes some other way — for example an account or life insurance with a named beneficiary, or property held jointly with a right of survivorship — generally goes to the named beneficiary or co-owner, not under § 4-1.1. Check each account's paperwork.
• Unmarried partners, friends, and stepchildren who were never adopted are not on the list. Only a will (or a beneficiary designation) can leave them something.

What to do now

1. 1

   Make sure there really is no will

   Search the person's papers and ask their lawyer. If a will turns up, the probate process applies instead.

2. 2

   List assets and how they're held

   Separate what was in the person's name alone from accounts with beneficiaries and jointly owned property.

3. 3

   Choose the right court process

   If the person's own personal property is worth $50,000 or less, the simpler small estate (voluntary administration) process may work. Otherwise a relative petitions the Surrogate's Court for letters of administration.

4. 4

   Know who has priority to serve

   The court grants letters of administration first to the spouse, then children, grandchildren, a parent, brothers or sisters, then other heirs (SCPA § 1001).

5. 5

   Get help when it's complicated

   Real estate, family disagreements, missing heirs or debts larger than the assets are good reasons to speak with a lawyer or the court's help center.

Frequently asked questions

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

• N.Y. Estates, Powers and Trusts Law (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 4-1.1, § 5-1.2, § 5-3.1 · Checked: October 30, 2026
  The order of inheritance, disqualification of a spouse, the family exemption
• N.Y. Surrogate's Court Procedure Act (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 1001, § 1301 · Checked: October 30, 2026
  Who may be appointed administrator; the small estate threshold
• CourtHelp — New York State Courts (opens in a new tab)
  New York State Unified Court System · Checked: October 30, 2026
  Court self-help

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