The relatives entitled to inherit are often referred to as “distributees.” In everyday terms, distributees are the closest legal relatives identified by New York law.
Below is a practical guide to who inherits when there is no will, the spouse’s family exemption (also called “exempt property”), and what steps to take next.
Quick Answer: Who Inherits in New York When There Is No Will?
| If the decedent is survived by… | Who inherits (no will) |
| Spouse and no children | Spouse inherits 100% |
| Children and no spouse | Children inherit 100% (generally equally) |
| Spouse and children | Spouse gets the first $50,000 plus ½ of the balance; children split the rest |
| No spouse, no children, but parent(s) | Parent(s) inherit 100% |
| No spouse/children/parents, but siblings | Siblings inherit 100% |
| None of the above | Inheritance continues down the family tree (grandparents → aunts/uncles/cousins). In rare cases with no heirs, the estate may pass to the State |
Important: This table describes who inherits probate assets after required administration steps. A separate “family exemption” for a surviving spouse (or minor children) can come off the top, as explained below.
Step 1: Confirm the Asset Is Actually Part of the “Probate Estate”
Intestacy rules apply to probate assets—property that does not automatically transfer to someone else by the way it is owned or by a beneficiary designation.
Some common examples of non-probate transfers include:
- Assets held in certain types of joint ownership that pass automatically to the surviving owner
- Retirement accounts or life insurance with a named beneficiary
- Payable-on-death or transfer-on-death accounts (when properly designated)
Why this matters: two families can have the same relatives and the same overall net worth, but the result can be very different depending on how the assets were titled.
The Spouse’s “Family Exemption” in New York (Exempt Property Set-Aside)
Who Inherits in New York When There Is No Will? Even when there is no will, New York law provides a family exemption that can protect certain items for a surviving spouse (and if there is no surviving spouse, then for children under 21).
What the family exemption does
- Certain property is set aside for the surviving spouse (or qualifying minor children).
- In many cases, it is treated as belonging to the spouse/children as of the date of death, rather than being part of the pool that gets divided among heirs.
- This means the exemption can reduce what’s left to distribute under intestacy—especially in modest estates.
What may be included (common categories and current value limits)
While the details can be technical and valuations matter, the exemption commonly includes property in categories like:
- Household items (furniture, clothing, appliances, etc.) up to $20,000 total value
- Certain family/personal items (family photos, books, media/devices of the type listed in the statute) up to $2,500 total value
- Domestic animals and certain equipment (including required food for a limited period, and specific items such as a tractor/lawn tractor) up to $20,000 total value
- One motor vehicle up to $25,000 value
- Money / bank-type funds / marketable securities up to $25,000 value (with special rules that can affect how this is calculated)
Who Inherits in New York When There Is No Will in More Detail (Common NYC Scenarios)
1) Married, with children
When there is a surviving spouse and children:
- The spouse receives the first $50,000 of the probate estate plus ½ of the remaining amount
- The children share the other ½, generally in equal shares
In New York City, this often becomes complicated when the main asset is a co-op or house, because the spouse and children can wind up as co-owners. That can create practical issues about selling, refinancing, repairs, or buyouts.
2) Married, no children
If there is a surviving spouse and no children, the spouse typically inherits 100% of the probate estate—plus the spouse may also be entitled to the family exemption set-aside described above.
3) Not married, with children
If there are children and no surviving spouse, the children typically inherit 100% of the estate, generally equally.
4) No spouse, no children
If there is no spouse and no children, inheritance generally goes in this order:
- Parents
- Siblings (and in many cases, nieces/nephews may inherit a deceased sibling’s share)
- Then extended family members, such as grandparents and descendants of grandparents (which can include aunts, uncles, and cousins), depending on who is living
Common Surprises When Determining Who Inherits in New York When There Is No Will
Blended families and second marriages
Intestacy rules can produce results that feel unfair in blended-family situations. A surviving spouse may inherit a significant portion even when the children are from a prior relationship—and the spouse may also have rights to the family exemption.
Stepchildren and long-term partners
In New York, stepchildren typically do not inherit under intestacy unless they were legally adopted. Long-term unmarried partners generally do not inherit under intestacy either, even if the relationship lasted many years.
Non-marital children
Non-marital children can inherit, but the court may require particular proof of parentage in some situations.
“Can New York take the estate?”
Only in truly rare cases where there are no heirs anywhere in the family tree identified by law.
What To Do Next If You Need to Determine Who Inherits in New York When There Is No Will.
Here’s a practical checklist:
- Collect core documents (death certificate, asset statements, property records, family information)
- Identify the correct Surrogate’s Court (usually the county where the decedent lived)
- Identify the heirs (the court may require detailed family information)
- File for Letters of Administration so an administrator has authority to act
- Evaluate the family exemption early (especially if the spouse needs a vehicle, cash access, or basic household property)
- Protect real estate and financial assets (insurance, taxes, mortgage, and maintenance still need attention)
- Address creditor issues (valid debts and expenses typically must be handled before distributions)
FAQ: Who Inherits in New York When There Is No Will?
Not always. If there are children, the spouse usually receives the first $50,000 plus half the remaining probate estate, and the children split the rest.
It’s a set-aside of certain property (and certain value limits) intended to protect a spouse (or, if no spouse, qualifying minor children) during administration. It can reduce what is left to distribute to heirs under intestacy.
Typically no, unless the stepchild was legally adopted.
Often yes. In many cases, the grandchildren can inherit the share that would have gone to their parent.
In most cases, yes. Someone usually needs to be appointed as administrator to collect assets, pay expenses, and distribute the estate.
Sometimes families can reach agreements, but they should be handled carefully—especially when there is real estate, significant debts, or the risk of later disputes.
How RK Law, P.C. Can Help You Figure out Who Inherits in New York When There Is No Will
When there’s no will, families often face delays, paperwork, and heightened stress—especially if there is NYC real estate, estranged relatives, or disagreement about next steps. RK Law, P.C. assists with:
- Determining who inherits under New York intestacy rules
- Preparing and filing petitions for Letters of Administration
- Identifying and documenting heirs
- Evaluating and asserting the spouse’s family exemption where applicable
- Guiding administrators through the estate administration process
- Resolving disputes among heirs when needed
- Assisting with estate distribution process
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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