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For property professionals and individuals alike, awareness of this process—particularly the probate mechanisms.
When someone dies without a will—known as dying intestate —their property doesn’t pass according to personal wishes, but rather under New York’s statutory laws. Understanding this process is essential for heirs and property professionals alike.
Intestacy occurs when a decedent fails to leave a valid will. In such cases, New York law—specifically the Estates, Powers & Trusts Law (EPTL) § 4-1.1—dictates inheritance rules.
Regardless of whether there’s a will, the estate usually must go through probate , a legal process to transfer the deceased’s assets. Without a will, the court appoints an administrator (instead of an executor) to manage the estate.
In the absence of a will, the Surrogate’s Court appoints an administrator , chosen from the decedent’s closest living relatives—typically:
Spouse
Children
Grandchildren
Parents
Siblings
Family members with priority can waive their right to serve, passing the responsibility to the next in line. Once appointed, the administrator must notify creditors, settle debts and taxes, and distribute the remaining assets.
Not all assets are subject to intestate distribution. Add bypass proof entirely:
Jointly owned property with rights of survivorship
Accounts with designated beneficiaries (POD or TOD)
Trust property
These assets pass directly to co-owners or named beneficiaries.
What remains forms the probate estate , which is distributed per New York’s intestacy rules.
Under New York Real Property Law § 423 , transferring real property after intestacy requires a verified petition and order . Key steps include:
Identify all heirs-at-law , with sufficient documentation.
Prepare a petition showing clear and conclusive evidence of rightful heirs.
Secure necessary court consents , including signatures from the registrar, the State Attorney General, and a Supreme Court Justice.
Common hurdles:
Disputes among heirs may delay proceedings.
Incomplete or conflicting documentation can prevent transfer.
Administrative complexity and laborious approvals may extend timelines.
Without a will, families may face:
Unintended inheritance outcomes , conflicts, or estranged relatives receiving property.
Extended probate proceedings , often costing substantial time and money.
Emotional stress and lost value due to frozen assets during legal battles.
Estate planning tools to avoid these issues:
Wills — Clearly state intentions, appoint executors, and designate guardians or beneficiaries.
Trusts — Property held in trusts bypasses probate entirely and transfers smoothly.
POD/TOD accounts and joint ownership — Titles or registrations that directly transfer assets upon death, avoiding court.
These mechanisms not only streamline transfer but also preserve wealth and reduce conflict.
Dying intestate triggers a legal distribution process dictated by EPTL, not personal preference.
The administrator —appointed under priority rules—must manage probate, settle debts, and distribute property.
Probate estates exclude assets with designated beneficiaries or joint ownership.
Distribution follows a strict hierarchy—spouse, children, then more distant relatives; otherwise property escheats to the state.
Transferring real property requires a verified petition and court approval—often a complex and lengthy process.
Risks include unintended outcomes, delays, family strife, and financial costs.
Estate planning tools (wills, trusts, TOD/POD, joint ownership) help avoid or minimize these issues.
In New York, the absence of a will means the State fills in—governing who inherits and how property is transferred. While intestacy laws provide order, they may not reflect a decedent’s intentions and can burden families with legal complexity.
For property professionals and individuals alike, awareness of this process—particularly the probate mechanisms, heir hierarchy, and legal requirements—is essential. Where possible, encouraging estate planning can safeguard peace of mind, protect assets, and ensure a more dignified legacy.
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