What happens When You Die Without a Will

Who Inherits?

The order of inheritance in New York State generally follows these steps:

1. Spouse and Children:

   • If you’re married and have children, your spouse will typically inherit a portion of your estate, and your children will inherit the rest.
   • If you’re married but have no children, your spouse will usually inherit everything.

2. Parents:

   • If you’re not married and have no children, your parents will typically inherit your estate.

3. Siblings:

   • If your parents are deceased, your siblings will inherit your estate.

4. Grandparents:

   • If you have no siblings or parents, your grandparents will inherit your estate.

5. Other Relatives:

   • If none of the above relatives are alive, your estate will go to more distant relatives, following specific legal guidelines.

Why a Will is Important

While intestacy laws can provide a basic framework for distributing your property, it’s always better to have a will. A will allows you to:

• Choose who inherits your property: You can decide who gets your belongings, regardless of their relationship to you.
• Name a guardian for your children: If you have children, you can appoint a guardian to care for them if you pass away.