New York Estate Powers & Trust Law Section 4-1.1
This section sets forth the plan of Intestate Succession adopted by New
York, it is what happens to your property if you die without a will.
§ 4-1.1 Est. Powers & Trusts. Descent and distribution of a
The property of a decedent not disposed of by will shall be
as provided in this section. In computing said distribution, debts,
administration expenses and reasonable funeral expenses shall be
but all estate taxes shall be disregarded, except that nothing contained
herein relieves a distributee from contributing to all such taxes the
amounts apportioned against him or her under 2-1.8. Distribution shall
be as follows:
(a) If a decedent is survived by:
(1) A spouse and issue, fifty thousand dollars and one-half of
residue to the spouse, and the balance thereof to the issue by
(2) A spouse and no issue, the whole to the spouse.
(3) Issue and no spouse, the whole to the issue, by
(4) One or both parents, and no spouse and no issue, the whole
surviving parent or parents.
(5) Issue of parents, and no spouse, issue or parent, the whole
issue of the parents, by representation.
(6) One or more grandparents or the issue of grandparents (as
defined), and no spouse, issue, parent or issue of parents, onehalf to
surviving paternal grandparent or grandparents, or if neither of them
survives the decedent, to their issue, by representation, and the other
one-half to the surviving maternal grandparent or grandparents, or if
neither of them survives the decedent, to their issue, by
provided that if the decedent was not survived by a grandparent or
grandparents on one side or by the issue of such grandparents, the
the surviving grandparent or grandparents on the other side, or if
of them survives the decedent, to their issue, by representation, in the
same manner as the one-half. For the purposes of this subparagraph,
of grandparents shall not include issue more remote than grandchildren
(7) Great-grandchildren of grandparents, and no spouse, issue,
issue of parents, grandparent, children of grandparents or
grandparents, one-half to the great-grandchildren of the paternal
grandparents, per capita, and the other one-half to the
of the maternal grandparents, per capita; provided that if the decedent
not survived by great-grandchildren of grandparents on one side, the
to the great-grandchildren of grandparents on the other side, in the
manner as the one-half.
(b) For all purposes of this section, decedent's relatives of
blood shall be treated as if they were relatives of the whole blood.
(c) Distributees of the decedent, conceived before his or her
born alive thereafter, take as if they were born in his or her lifetime.
(d) The right of an adopted child to take a distributive share
right of succession to the estate of an adopted child continue as
in the domestic relations law.
(e) A distributive share passing to a surviving spouse under this
section is in lieu of any right of dower to which such spouse may be