Skip to content
Oakclause

Intestate Succession Laws in New York

In New York, a surviving spouse with children (issue) receives $50,000 plus one-half of the residue, and inherits the whole estate when there are no issue, even if parents survive. New York is not a community property state.

Last checked . General information, not legal advice.

New York at a glance

Spouse share with shared children
First $50,000 plus 1/2 of the residue
The issue take the balance by representation. The same rule applies whether or not the children are also the spouse's.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
Entire estate
Surviving parents inherit only when there is no spouse and no issue.
Community property state
No

Sources

Last checked

The rules in New York

How much does a surviving spouse inherit in New York when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in New York: First $50,000 plus 1/2 of the residue. The issue take the balance by representation. The same rule applies whether or not the children are also the spouse's.

Does a surviving spouse in New York inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in New York: no.

How much does a surviving spouse inherit in New York when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in New York: Entire estate. Surviving parents inherit only when there is no spouse and no issue.

Is New York a community property state?

No. Community property state in New York: no.

Where do the New York intestate succession laws come from?

The rules above come from N.Y. Est. Powers & Trusts Law 4-1.1. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.