Dan Antonelli, an estate attorney in New York City, explains one of the most frequently asked questions: what happens when a person dies without a will in New York? This situation is called intestacy, which simply means you don't have a will to direct who's entitled to your money and who should be in charge of your estate.
Understanding Intestacy Laws
When there's no will to provide direction, the rules of intestacy automatically take over to determine two critical aspects of estate administration. Since there's no will to designate these important roles and distributions, New York State law provides a clear framework for handling these situations.
The person entitled to be in charge of your estate in intestacy situations is called the administrator, rather than an executor (who is named in a will). The administrator is typically the spouse, or if there's no spouse, it could be the children. If you don't have a spouse or children, there's a specific list in the statute that explains exactly who has the right to be in charge of your estate, following a clear order of priority.
Who Inherits Under Intestacy
The second crucial aspect is determining who inherits when you die in New York without a will. There's a specific statute that explains exactly who inherits, and it follows a similar pattern to who is entitled to be the administrator, although it's not exactly the same. This systematic approach ensures that your assets are distributed according to New York State law rather than being left in limbo.
Special Assets and Exceptions
Intestacy typically covers all your assets except some that are considered "special." These exceptions include joint accounts where your name appears with someone else's name – in that case, the account wouldn't pass through your estate through intestacy but would go directly to the surviving joint account holder.
The same principle applies to many other assets where there's a joint holder or a designated beneficiary. These assets pass outside of the probate process and are not affected by intestacy rules.
The Importance of Having a Will
The bottom line is clear: if you want to control who gets your assets after you pass, you need to create a will. Without a will, New York State law makes these decisions for you, which may not align with your personal wishes or family circumstances.
For assistance with estate planning or if you're dealing with an intestacy situation, contact Antonelli & Antonelli for expert legal guidance tailored to your specific circumstances.
