One of the most unsettling questions Brooklyn families ask is, “What happens to everything if my relative died without a will?” In New York, the answer is set by statute—not by what anyone assumed the person wanted. Here’s how it really works.
Who decides who inherits?
When someone dies without a will (called dying “intestate”), New York’s intestacy rules under EPTL Article 4 take over. These rules lay out a strict order of inheritance based on family relationships. There’s no room for the deceased person’s unwritten wishes—the formula applies the same way to a Bensonhurst homeowner as to a Fort Greene renter.
What does my spouse get?
It depends on whether there are children. If there’s a surviving spouse and no children, the spouse inherits everything. If there’s a spouse and children, the spouse receives the first $50,000 plus half of the remaining estate, and the children split the other half. Many Brooklyn couples are surprised that a spouse doesn’t automatically inherit it all when kids are involved.
What about my unmarried partner?
This is where intestacy hurts the most. Under New York law, an unmarried partner inherits nothing through intestacy, no matter how long you lived together in your Greenpoint apartment or shared a life. The same is true for close friends and stepchildren you never legally adopted. If you want them protected, only a will or trust can do it.
Who handles the estate without a will?
Someone has to be appointed by the Kings County Surrogate’s Court to manage things—this person is called an “administrator” rather than an executor. New York law sets the priority order for who can apply, usually starting with the spouse, then children, then other relatives. The administrator must often post a bond and follow the court’s supervision closely, which can make the process slower and costlier than when a will names a trusted executor.
What happens to minor children’s inheritance?
If children under 18 inherit, the money can’t simply be handed to them. The Surrogate’s Court typically requires it to be held under court supervision until they turn 18, then released in full—often a large sum to a young adult with no guidance. Worse, without a will there’s no guardian nomination, so a judge decides who raises the children.
Could the property end up with the state?
Rarely, but yes. If no eligible relatives can be found, the estate “escheats” to New York State. For most Brooklyn families some relative qualifies, but the inheritance may go to a distant cousin the deceased barely knew rather than the people they actually loved.
How do I avoid all this?
A valid will lets you choose your beneficiaries, your executor, and a guardian for your kids—overriding the rigid intestacy formula entirely. Trusts and beneficiary designations can also keep assets out of this default system.
A note on getting help
Intestacy outcomes are often the opposite of what the person would have chosen, and untangling them in Surrogate’s Court is stressful. This article is general information, not legal advice. If a loved one died without a will, or you want to avoid this for your own family, speak with a New York attorney who handles Brooklyn estate administration.
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