When someone dies without a will in Long Island, New York law — not the family — decides who inherits the estate. This is called dying “intestate,” and instead of honoring a written document, the local Surrogate’s Court applies a fixed statutory formula under the Estates, Powers and Trusts Law (EPTL) to determine which relatives receive the property. The court also appoints an administrator (rather than an executor named in a will) to manage and distribute the estate. For families in Nassau and Suffolk Counties, this means the process runs through the Suffolk County Surrogate’s Court or the Nassau County Surrogate’s Court, depending on where the decedent legally resided. Below, Morgan Legal Group explains exactly what happens, who inherits, how long it takes, and how to protect your family’s interests when there is no will.
Intestate Succession: Who Inherits When There Is No Will
Without a will, New York’s intestacy rules in EPTL §4-1.1 dictate distribution. The decedent’s wishes — even if everyone in the family knows them — carry no legal weight. The statute distributes assets in a strict order of priority based on surviving relatives.
Here is how New York’s intestate distribution generally works:
| Surviving Relatives | Who Inherits |
|---|---|
| Spouse and children (issue) | Spouse takes first $50,000 plus one-half of the remainder; children share the rest |
| Spouse, no children | Spouse inherits the entire estate |
| Children, no spouse | Children inherit everything, divided equally |
| Parents, no spouse or children | Parents inherit the entire estate |
| Siblings only | Siblings inherit, divided equally |
| No close relatives | Estate passes to more remote kin, or ultimately “escheats” to the State of New York |
This rigid formula is why dying without a will so often produces results the decedent never intended. A long-term unmarried partner, a stepchild who was never legally adopted, or a close friend will receive nothing under intestacy, no matter how strong the relationship was.
What Counts as the “Estate”
Not every asset passes through intestacy. Property with a beneficiary designation or joint ownership generally bypasses the Surrogate’s Court entirely. Assets that typically pass outside the estate include:
- Life insurance and retirement accounts (IRA, 401(k)) with a named beneficiary
- Bank or brokerage accounts held jointly with rights of survivorship
- Real property owned as tenants by the entirety or joint tenants
- Accounts with a “payable on death” (POD) or “transfer on death” (TOD) designation
Only the probate estate — assets titled solely in the decedent’s name with no beneficiary — is governed by intestacy and administered by the court. To understand the broader court process, see our Probate Overview.
Administration Instead of Probate
When there is a will, the court conducts probate and issues Letters Testamentary to the named executor (SCPA §1414). When there is no will, the equivalent proceeding is called administration, governed by the Surrogate’s Court Procedure Act (SCPA). The court appoints an administrator and issues Letters of Administration — the legal document that grants authority to collect assets, pay debts, and distribute the estate.
Who Can Serve as Administrator
Under SCPA §1001, the right to serve as administrator follows a statutory priority order that mirrors the inheritance hierarchy. The surviving spouse has first priority, followed by children, then grandchildren, parents, siblings, and more distant relatives. If multiple people share equal priority and cannot agree, the court resolves the dispute.
Steps in a Long Island Administration Proceeding
The administration process in the Suffolk County Surrogate’s Court generally follows these stages:
- File the petition. The proposed administrator files a Petition for Letters of Administration along with a certified copy of the death certificate.
- Identify and notify distributees. All legal heirs (“distributees”) must be identified and given notice. They can sign a waiver and consent, or, if they do not consent, the court issues a citation requiring them to appear.
- Post a bond. Unlike many will-based cases, an administrator is frequently required to post a surety bond under SCPA §1604 to protect the estate’s heirs and creditors.
- Letters of Administration issue. Once the court is satisfied as to jurisdiction and the bond, it grants Letters of Administration.
- Administer the estate. The administrator collects assets, pays valid debts and taxes, and distributes what remains according to EPTL §4-1.1.
The duties of an estate fiduciary — whether executor or administrator — are substantial. Learn more about what the role requires on our Executor Duties page, and review the broader court procedures in our Surrogate’s Court Guide.
Small Estates and Simplified Procedures
Not every intestate estate requires a full administration. New York provides a streamlined alternative for modest estates. Under SCPA Article 13, a “small estate” may be settled through voluntary administration using an affidavit rather than a formal court proceeding. This procedure is available when the personal property in the estate falls below the statutory small-estate threshold, and it is significantly faster and less expensive than full administration.
Two important limits apply:
- Real property (a home or land) is generally excluded from the small-estate affidavit process and may require a separate proceeding.
- The simplified procedure only covers the qualifying personal property; larger or more complex estates still need full administration.
If you believe the estate may qualify, our Small Estate Affidavit page explains how voluntary administration works in practice.
Timeline and Costs on Long Island
Families understandably want to know how long this takes and what it costs. An uncontested administration in a Long Island Surrogate’s Court typically takes about three to six months from filing to the issuance of Letters, though estates with hard-to-locate heirs, real property sales, or disputes take longer.
Typical attorney fees for an administration range from roughly $3,000 to $10,000, depending on the estate’s size and complexity. The court filing fee is graduated by the value of the estate under SCPA §2402 — it is not a flat amount, so confirm the exact figure with the court or your counsel before filing.
A Note on New York Estate Tax
For 2026, New York’s estate tax exclusion amount is $7,350,000. New York applies a “cliff”: if a taxable estate exceeds 105% of the exclusion — $7,717,500 in 2026 — the exclusion is lost entirely and the whole estate becomes taxable, not just the excess. Most Long Island estates fall well below this threshold, but high-value estates should plan carefully. For authoritative figures, consult the New York State Department of Taxation and Finance.
When Disputes Arise
Intestate estates are fertile ground for conflict because no document expresses the decedent’s wishes. Disagreements over who should serve as administrator, challenges to a relative’s status as a distributee, or claims of mismanagement can escalate quickly. While these are not “will contests” in the classic sense, they raise the same litigation concerns. If you anticipate or are already facing such a dispute, see our Contested Probate page to understand your options.
Frequently Asked Questions
Does the State of New York automatically take the estate if there is no will?
No — not unless there are no surviving relatives at all. New York’s intestacy statute, EPTL §4-1.1, passes the estate to relatives in a defined order. Only when no eligible heirs exist does the estate “escheat” to the State.
Can an unmarried partner inherit under intestacy in Long Island?
No. New York intestacy law recognizes only legally married spouses and blood (or legally adopted) relatives. An unmarried partner inherits nothing through intestacy, which is exactly why a will or beneficiary designations are so important.
Which Surrogate’s Court handles a Long Island intestate estate?
The proceeding is filed in the Surrogate’s Court of the county where the decedent legally resided — typically the Suffolk County Surrogate’s Court or the Nassau County Surrogate’s Court.
How quickly can an administrator get authority to act?
Once Letters of Administration are granted, the administrator can act immediately. In urgent situations, the court can grant interim authority earlier; an attorney can advise on the fastest available path for your circumstances.
Talk to a Long Island Probate Attorney
Dying without a will turns a private family matter into a court-supervised proceeding governed by rigid statutes. The good news is that an experienced attorney can guide your family through administration efficiently, secure Letters of Administration, and ensure the estate is distributed correctly. Russel Morgan, Esq. and the team at Morgan Legal Group handle intestate administrations throughout Long Island, Nassau County, and Suffolk County.
Schedule a confidential consultation today: Book a 30-minute consultation with Russel Morgan.
Further reading from Morgan Legal Group: what to ask a probate lawyer before hiring.