When There’s No Will: Handling Intestate Estates in New York

August 18, 2025

When There’s No Will: Handling Intestate Estates in New York

When a loved one passes away without leaving a will, it can leave families uncertain about how their estate will be managed. In New York, this situation is known as intestacy, and the state’s laws determine who inherits the property. At Jack Weissman, Attorney at Law, we assist the Brooklyn community in navigating this process with clarity and care.


What Happens When There’s No Will?


If there is no valid will, the estate is distributed according to New York’s intestacy laws. Generally, the order of inheritance begins with a surviving spouse and children, followed by parents, siblings, and more distant relatives. Close friends or unmarried partners, however, are not entitled to inherit under these rules.


The Role of the Court


The Surrogate’s Court oversees the process, appointing an administrator to manage the estate. This person is responsible for collecting assets, paying debts, and distributing property according to state law. Without proper guidance, this process can be lengthy and stressful for family members.


Challenges of Intestate Estates


Handling an intestate estate can lead to complications, including:


  • Disputes among family members over distribution
  • Difficulty locating all heirs
  • Complex probate court proceedings
  • Tax and debt obligations that must be resolved before distribution


How Legal Guidance Helps


An attorney can help families:


  • Petition the court to appoint an administrator
  • Identify and notify heirs
  • Handle disputes and protect family interests
  • Ensure debts and taxes are properly addressed
  • Streamline the probate process


At Jack Weissman, Attorney at Law, we provide legal support for Brooklyn families facing the challenges of intestacy. Whether you are seeking to be appointed as an administrator or need help understanding your rights as an heir, we can guide you through the process.

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