What Happens If You Die Without a Will? | Intestate Probate in New York

by Hal Blake

What Happens If There Is No Will? Understanding Intestate Probate in New York

Most people assume their property will simply “go to their family” when they pass. But what if you die without a will?

In legal terms, this is called dying intestate, and it can lead to confusion, delays, and unintended outcomes for your loved ones.

🏛️ What Does It Mean to Die Intestate?

When someone dies without a valid will, the probate court must step in to determine how their estate will be handled. The court will:

Appoint a Personal Representative, also known as an Administrator
Oversee the payment of any debts or claims against the estate
Distribute remaining assets based on state law, not personal wishes

In New York, this means the estate is distributed according to a strict legal formula — often leaving out unmarried partners, fiancés, stepchildren, or close friends who might have been included in a will.

🧾 Testate vs. Intestate: What's the Difference?

	Testate (With a Will)	Intestate (No Will)
Estate Distribution	As directed in the will	According to state law
Executor	Chosen by the deceased	Appointed by the court
Flexibility	Can leave assets to anyone	Limited to legal heirs
Estate Planning Control	Full	Minimal

With a valid will, you decide who receives your assets. Without one, the state decides for you — and it may not match your true wishes.

🏡 Real Estate and Inheritance Without a Will

One of the biggest challenges in intestate cases is managing inherited property. If there’s no will, a home may need to be sold to settle debts or divided among multiple heirs — which can lead to disputes, delays, and even court intervention.

At Your Home Sold Guaranteed Realty Advisors LLC, we specialize in assisting administrators and heirs with:

Probate home evaluations
Clean-outs and legal timeline management
Multiple cash offers and guaranteed sale programs
Clear, compassionate guidance during a difficult time

✅ Plan With Confidence — Or Get Help Navigating Intestate Probate

Whether you’re planning your own estate or handling the affairs of someone who died without a will, you don’t have to figure it out alone.

📞 Call 718-571-8366 for a free consultation
🌐 Visit: www.NYSProbateSolutions.com

Our Certified Probate Experts serve Staten Island, Brooklyn, and surrounding areas — helping families resolve probate challenges with clarity and peace of mind.