What If There’s No Will? Understanding Intestate Estates
When a loved one passes away without a valid Last Will and Testament, their estate is considered “intestate.” Many families are left unsure of what happens next, who will take charge, and how assets will be distributed.
At The Moskowitz Legal Group, we help families navigate this process with clarity, structure, and compassion.
Who Handles the Estate If There’s No Will?
In New York, the Surrogate’s Court will appoint an Administrator to manage the estate. (When there is a Will, this role is called an Executor.)
The Court gives priority for appointment to the closest surviving family members, generally in this order:
Surviving spouse
Children (or descendants of predeceased children)
Parents
Siblings (and children of predeceased siblings)
Grandparents
Aunts and uncles (and their descendants)
First cousins
How Are Assets Distributed Without a Will?
New York’s intestacy laws determine who inherits. Key rules include:
➡️ Spouse but no children
The spouse inherits 100% of the estate.
➡️ Spouse and children
Spouse receives the first $50,000 plus half of the remaining assets
Children split the other half equally
➡️ Children only (no spouse)
The children inherit everything, divided equally.
➡️ No spouse, no children
The estate passes to the next closest relatives, starting with parents.
⚠️ These rules apply even if they do not reflect the decedent’s personal wishes.
What If the Heirs Are Minor Children?
If a child under 18 stands to inherit, the Court will require added protections.
A guardian of the property may need to be appointed to manage and safeguard the child’s inheritance until adulthood.
This often involves additional filings and Court appearances — areas where our firm provides comprehensive guidance.
Why Acting Promptly Matters
Without a Will, the estate process may involve:
Extra paperwork
Additional Court steps
Longer timelines
Family disputes or competing petitions
Having experienced counsel from the start ensures the process moves efficiently, respectfully, and in accordance with the law.
How The Moskowitz Legal Group Can Help
We guide families through every step of intestate estate administration — from petitioning for Letters of Administration to distributing assets and resolving disputes. Our goal is to make a difficult time a little easier through clear communication and strong advocacy.
If you have questions or need help administering the estate of a loved one, we’re here to support you.
📞 Contact us to schedule a consultation: 212-419-0118
