What Happens If You Die Without a Will

Plenty of Brooklyn families assume that if they pass away without a will, their belongings simply go to a spouse or to the children. New York law is more rigid than that. When you die without a valid will, you die intestate, and the State writes the plan for you under the intestacy rules of EPTL Article 4. The question worth asking is how that default compares to the two main alternatives: a will, or a trust. Here is how those three paths actually differ for a Kings County resident.

Option 1: The State’s Plan (Intestacy)

Under EPTL 4-1.1, your property passes by a fixed formula. If you leave a spouse and no children, the spouse takes everything. If you leave a spouse and children, the spouse receives the first $50,000 plus half the remainder, and the children split the other half. With no spouse, children inherit equally; with neither, the line runs to parents, then siblings, and outward. Notice what is missing: an unmarried partner, a close friend, a stepchild you raised, or a favorite charity receive nothing. The formula does not care about your relationships, only your bloodline.

How the Brooklyn Surrogate’s Court Gets Involved

Whether or not you leave a will, an intestate estate usually still passes through the Kings County Surrogate’s Court under the SCPA. Instead of naming an executor, the court appoints an administrator, typically a close relative, who must often post a bond and obtain letters of administration before touching a single account. If minor children inherit, the court supervises their share until age 18. This is the same Brooklyn courthouse process families try to streamline, except now no one chose who would be in charge.

Option 2: A Will

A will executed under EPTL 3-2.1 lets you override the intestacy formula. You name who inherits, you name your executor, and you name a guardian for minor children, which matters a great deal for younger Brooklyn families. A will does not avoid Surrogate’s Court; your executor still files for probate. But it replaces the State’s rigid default with your actual wishes, and it can waive the bond requirement that often slows an administrator down.

Option 3: A Trust

A revocable living trust under EPTL Article 7 goes a step further. Assets you transfer into the trust during life pass to your beneficiaries without Surrogate’s Court probate at all. For a brownstone owner, that can mean avoiding a public, months-long proceeding. A trust does not by itself reduce New York estate tax, but it offers privacy and continuity that intestacy and even a simple will cannot.

The Estate Tax Wrinkle

Dying intestate does nothing to address New York’s estate tax. For 2026, the exclusion is $7,350,000, with a steep cliff: cross $7,717,500 and the exclusion phases out, taxing the entire estate. Given how Brooklyn real estate values have climbed, more families brush against these numbers than expect to, and intestacy offers no planning to soften the blow.

The Bottom Line

Intestacy is the only one of these three paths you do not choose, you simply fall into it. Beyond inheritance, dying without planning also leaves no power of attorney (GOL 5-1513) or health care proxy (PHL Article 29-C) for the period before death, when decisions still need to be made.

Consult a New York attorney. NY intestacy and estate rules are detailed and fact-specific. Speak with a qualified New York estate planning attorney to review your situation and choose the right tool for your Brooklyn family.