Intestate Succession in New York
State-specific overview · Estate & Probate
New York prioritizes the surviving spouse but limits their share if children or parents survive.
How New York treats Intestate Succession
If the deceased leaves a spouse and one child, the spouse receives $50,000 plus one-half of the remaining estate, with the child taking the rest. With multiple children, the spouse receives $50,000 plus one-third of the remainder. If no spouse survives, the estate passes to children equally, then to parents, then to siblings. New York's dollar threshold adjusts periodically and creates a hybrid system balancing spousal protection with children's inheritance rights.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.