What Happens If You Die Without a Will in New York?

If you pass away without a will — known as dying “intestate” — New York State law decides who receives your assets. Unfortunately, the state’s distribution formula often doesn’t match what most people actually want.

For example, if you're married with children, your spouse doesn’t automatically inherit everything. Instead, your spouse may share your estate with your children, even if they’re minors. If you’re single, your assets could go to distant relatives — or escheat to the state — while close friends or unmarried partners receive nothing.

The probate court will also decide who serves as your estate administrator, and if you have minor children, the court may appoint a guardian without knowing your preferences.

Creating a valid will puts you in control. You decide how your property is distributed, who will care for your children, and who will handle your affairs. A will not only protects your legacy — it also spares your loved ones from unnecessary stress during an already difficult time.