Affidavit of Heirship in New York
Whether New York lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: After debts, expenses and funeral costs: spouse and children (or other descendants) — spouse gets $50,000 plus half of the rest, and descendants share the remainder by representation. N.Y. Est. Powers & Trusts Law § 4-1.1
| Who inherits without a will | After debts, expenses and funeral costs: spouse and children (or other descendants) — spouse gets $50,000 plus half of the rest, and descendants share the remainder by representation. Spouse and no descendants — spouse takes everything. Descendants and no spouse — descendants take everything. No spouse or descendants — parents take everything; then brothers and sisters and their descendants; then grandparents or their descendants (split half to each side of the family); then first cousins once removed. Half-blood relatives inherit the same as whole-blood relatives. |
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More New York estate law
- Medical Power of Attorney in New York
- Small Estate Affidavit in New York
- Power of Attorney in New York
- Quitclaim Deeds and Transferring Property in New York
- Who Inherits If You Die Without a Will in New York
- How to Make a Valid Will in New York
- How Probate Works in New York
- Living Wills and Advance Directives in New York
- Revocable Living Trusts in New York
- Executor Duties in New York
- Letters Testamentary in New York
- How to Avoid Probate in New York
- Transferring a Car After Someone Dies in New York
- All New York wills, probate and estate rules
FAQ
Who inherits if someone dies without a will in New York?
After debts, expenses and funeral costs: spouse and children (or other descendants) — spouse gets $50,000 plus half of the rest, and descendants share the remainder by representation. Spouse and no descendants — spouse takes everything. Descendants and no spouse — descendants take everything. No spouse or descendants — parents take everything; then brothers and sisters and their descendants; then grandparents or their descendants (split half to each side of the family); then first cousins once removed. Half-blood relatives inherit the same as whole-blood relatives.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.