Real Property

Intestate

Dying without a valid will, causing property to be distributed according to state law rather than the deceased's wishes.


Definition

When a person dies intestate in New York, their property is distributed according to the Estates, Powers and Trusts Law (EPTL). The order of distribution typically follows: surviving spouse and children first, then parents, siblings, and more distant relatives. If no heirs can be found, the property escheats to the state. Dying intestate means the decedent had no control over who inherits their property. The court appoints an administrator to handle the estate.

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