When someone passes away in Brooklyn without a valid will, they are said to have died “intestate.” In these cases, New York State law—not the deceased person’s wishes—determines how their assets are distributed. This process can be complex and often results in outcomes that may not reflect what the individual would have wanted.

How Intestate Succession Works in New York

If there is no will, New York’s intestacy laws govern the distribution of assets. The Surrogate’s Court in Kings County (Brooklyn) oversees the administration of the estate. Here is a general outline of how the state distributes assets when there is no will:

• Married with children: The spouse receives the first $50,000 plus half of the remaining estate. The children receive the other half.
• Married with no children: The spouse inherits everything.
• Children, no spouse: The children inherit everything in equal shares.
• No spouse or children: The estate goes to other family members in a set order—first parents, then siblings, then more distant relatives.

It’s important to note that only biological and legally adopted children are entitled to inherit under intestacy laws. Stepchildren and unmarried partners are not recognized unless they are named in a valid will.

Potential Issues That Can Arise

Dying without a will can lead to several legal and emotional challenges:

• Family disputes: Disagreements can arise among surviving family members about who should handle the estate or what the decedent's wishes might have been.
• Delays: Without clear instructions, the probate process can take significantly longer.
• Unintended distribution: Property may go to distant relatives instead of close friends, unmarried partners, or charitable organizations the deceased may have wanted to support.

Why You Should Have a Will

Creating a will allows you to:

• Choose who inherits your property
• Name guardians for minor children
• Appoint someone you trust to manage your estate
• Minimize conflict and confusion for your loved ones

Having a properly drafted will can make a difficult time easier for your family and ensure that your legacy is passed on the way you intended.

Legal Help for Brooklyn Residents

At Jack Weissman, Attorney at Law, we assist Brooklyn residents with preparing wills, navigating probate, and handling intestate estate matters. If a loved one has passed away without a will, or you want to ensure your own wishes are followed, we are here to help you understand your options and protect your interests.