Skip to content

Dying Without A Will

Est. Powers & Trusts Law § 4-1.1 — fifty thousand dollars and half to a spouse with children

The person is survived byDistribution
The person is survived byA spouse and issueDistributionFifty thousand dollars and one-half of the rest to the spouse, the balance to the issue
The person is survived byA spouse and no issueDistributionThe whole to the spouse
The person is survived byIssue and no spouseDistributionThe whole to the issue
The person is survived byA parent or parents, and no spouse or issueDistributionThe whole to the parent or parents
The person is survived byIssue of parents, and no spouse, issue or parentDistributionThe whole to the brothers, sisters and their issue
The person is survived byGrandparents or their issue, and none of thoseDistributionHalf to each parent's side
Email

Debts, administration expenses and reasonable funeral expenses come off first. Relatives of the half blood are treated as relatives of the whole blood, and a child conceived before the death and born alive afterward takes as if born during the person's lifetime.

Sources for this section (1)
  1. Est. Powers & Trusts Law § 4-1.1 — Descent and distribution of a decedent's estate

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

From here