Legal Question in Wills and Trusts in New York

Deceased Intestate

What is the distribution of probate assets when there is no will?


Asked on 9/27/04, 10:56 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Deceased Intestate

I concur with the other answers. The laws of intestacy of the state in which the decedent was domiciled at his/her date of death specifies to whom and to what extent an intestate (dying without a Will) estate is distributed. Traditionally, it is split between a surviving spouse and children, if there were any. If the decedent had no spouse, children or surviving issue (grandchildren, etc.), parents take, if living. Then siblings, if there are no parents, and then nieces and nephews if no siblings. In the absence of any family members, the traditional inheritence follows a family tree, with the closest living relatives being the inheritors. Since your question was general, with no facts presented as to the family situation or your relationship to the decedent, this answer is general and not specific. You should be able to check the law on intestacy in the applicable state by going to the State website and searching for the intestacy laws. Otherwise, you can contact the Surrogate's Court in the decedent's county of domicile on date of death.

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Answered on 9/27/04, 12:52 pm
Anthony Park Anthony S. Park, PLLC

Re: Deceased Intestate

Dear sir or madam:

When there is no will, the decedent's assets are distributed by laws of intestacy (the State's "default" inheritance laws).

Anthony S. Park

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Answered on 9/27/04, 11:10 am
Steven Kass Law Office of Steven A. Kass, P.C.

Re: Deceased Intestate

In the absence of a Will, assets are distributed under the laws of intestacy. You should consult with an attorney in your jurisdiction to advise you of laws of intestacy of the State of the decedent, if you cannot locate those laws yourself.

Steven A. Kass, Esq.

Law Office of Steven A. Kass, PC

105 Maxess Road, Suite S-124

Melville, New York 11747

Tel. 631-574-4554

Fax. 631-574-4553

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http://www.stevenkass.com

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Answered on 9/27/04, 11:23 am


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