📌 Why Dying Without a Will Is a Risk
Many people delay writing a will, assuming it can wait or that they don’t own enough assets to make it worthwhile. But dying without a will in New York, especially
in a place as complex and diverse as Brooklyn, can lead to unintended consequences—both emotionally and financially—for the people you care about most.
In this article, the estate planning attorneys at Alatsas Law Firm explain what happens under New York's intestacy laws if you die without a will, and how you can prevent common pitfalls with a simple, customized estate plan.
🧾 What Is Intestate Succession?
In legal terms, dying without a will is known as “intestacy.” When this happens, the Surrogate’s Court in the county where you lived (in Brooklyn, that’s the Kings County Surrogate’s Court) appoints someone to handle your estate. This person is called an administrator, and they distribute your assets according to a strict legal formula—not your preferences.
🏛 Who Gets What? New York's Distribution Rules
Under New York Estates, Powers & Trusts Law (EPTL), if you die without a will:
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If you have a spouse but no children: Your spouse gets 100% of your estate.
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If you have children but no spouse: Your children share the estate equally.
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If you have a spouse and children: Your spouse gets the first $50,000 and half the remainder. The other half goes equally to your children.
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If you have no spouse or children: Your parents inherit everything.
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If no parents survive: Your siblings share your estate.
📌 Note: This formula ignores modern family dynamics, including:
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Stepchildren not legally adopted
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Domestic partners
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Longtime caregivers or friends
🚫 The Problems With Letting the State Decide
Letting New York decide how to divide your estate can lead to:
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Family Disputes: Unequal treatment may cause resentment or legal battles.
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Delays in Probate: Intestacy can take longer to resolve.
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Minor Children Issues: Without a will, the court decides guardianship.
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Lost Assets: Assets without clear ownership may escheat to the state.
🧠 Example: A Brooklyn Case Gone Wrong
Imagine George, a lifelong Brooklyn resident, dies without a will. He had no spouse, but he helped raise his partner's daughter, whom he never adopted. He also wanted to leave his condo to his niece.
Without a will:
His partner’s daughter inherits nothing.
His niece inherits nothing unless she’s next of kin.
His estate goes to a distant sibling he hasn't spoken to in 15 years.
This could have been avoided with a simple will and estate plan.
🗂 What Does a Will Actually Do?
Creating a will allows you to:
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Name beneficiaries
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Appoint an executor
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Choose guardians for your children
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Set terms for specific gifts or charitable donations
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Minimize the risk of conflict or delay
🔗 Learn more about wills and trusts in New York »
🧩 What Happens to Non-Probate Assets?
Not all assets are subject to intestacy. Some assets pass directly to named beneficiaries:
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Life insurance policies
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Retirement accounts (401k, IRA)
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Joint bank accounts
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Property held as joint tenants with rights of survivorship
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Transfer-on-death or payable-on-death accounts
But if these designations are outdated—or missing—those assets may still go through probate.
🔗 Learn which assets are exempt from probate »
🏛 What Is the Role of Kings County Surrogate’s Court?
If you live in Brooklyn and die intestate, your estate is handled by the Kings County Surrogate’s Court. Your family must file a petition to be appointed as administrator, notify potential heirs, inventory all assets, settle debts, and distribute the estate.
Without a will, this process is more complicated and prone to disputes. The court will require extensive documentation, and legal fees can quickly escalate.
🔗 See how our Brooklyn probate lawyers can help »
⚖️ Why a Will Isn’t Enough: Consider a Complete Estate Plan
While a will is essential, it’s only part of the picture. A comprehensive estate plan includes:
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Durable Power of Attorney (for finances)
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Health Care Proxy & Living Will
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Revocable Living Trust (to avoid probate)
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Medicaid Asset Protection Trust (for long-term care planning)
🔗 Explore our estate planning services in Brooklyn »
👨👩👧👦 Who Should Have a Will?
Everyone! But especially:
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Parents with minor children
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Seniors concerned about long-term care
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Unmarried partners
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Business owners
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People with complex family dynamics
📝 How to Get Started
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Schedule a consultation: Talk to an estate planning attorney.
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Make a list of your assets, family members, and wishes.
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Create or update your will and documents.
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Review and revise your plan every 3–5 years.
💬 Client Testimonial
“Teddy and the team at Alatsas Law Firm made the process simple. I now have peace of mind knowing my family won’t be left guessing.”
— Maria L., Park Slope
📞 Ready to Protect Your Legacy?
At Alatsas Law Firm, we help Brooklyn residents make smart, compassionate estate planning decisions. Don’t let the court decide what happens to your life’s work.
📍 Serving Bay Ridge, Dyker Heights, Park Slope, Bensonhurst, and all of Brooklyn.
📞 Call (718) 233-2903 or
🔗 Schedule your free consultation today »
