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 a will naming an executor and beneficiaries, the New York Estates, Powers and Trusts Law (EPTL) supplies a fixed formula for distribution, and the Surrogate’s Court Procedure Act (SCPA) controls the court process. For residents of Nassau and Suffolk Counties, that process runs through the County Surrogate’s Court, where a close relative must petition to be appointed administrator before any assets can be collected or distributed. There is no executor, no instructions, and no flexibility — the statute speaks for the deceased. Below, we explain exactly how intestacy works on Long Island, who inherits, and what your family must do.
Intestacy: When the State Writes Your Estate Plan
Dying without a will does not mean the State of New York “takes” the estate, despite the common myth. Instead, the estate passes to the decedent’s closest living relatives — called distributees — under the intestacy rules of EPTL §4-1.1. The catch is that the statute’s definition of “family” may not match yours. Unmarried partners, stepchildren, friends, and favored charities receive nothing under intestacy, no matter how close the relationship was in life.
Because there is no will to validate, the court does not issue Letters Testamentary (the document granted in a will probate under SCPA §1414). Instead, an eligible relative applies for Letters of Administration, which give that person — the administrator — legal authority to act for the estate. Our probate overview explains the broader landscape of estate administration in New York, and how the intestate path differs from a will-based probate.
Who Inherits Under New York Intestacy Law
EPTL §4-1.1 sets a strict order of inheritance. The most common outcomes look like this:
| Surviving Family | Who Inherits |
|---|---|
| Spouse, no children | Spouse takes the entire estate |
| Spouse and children | Spouse takes the first $50,000 plus one-half of the balance; children share the remaining one-half |
| Children, no spouse | Children share the entire estate equally |
| No spouse or children | Parents inherit; if none, then siblings; then nieces/nephews, and onward |
| No surviving relatives | Estate escheats to the State of New York |
Several Long Island-specific points deserve emphasis:
- “Children” includes adopted children but generally not stepchildren who were never legally adopted.
- Half-blood relatives inherit as if they were whole blood under EPTL §4-1.1(b).
- A child born after the decedent’s death (a posthumous child) still inherits if conceived before death.
- The spousal share is calculated before the children’s share — a frequent source of disputes among adult children from prior marriages.
Because the formula is rigid, families with blended households or estranged relatives often face outcomes nobody intended. This is precisely why a will matters — and why intestate estates so often end up contested.
How the Administration Process Works in Nassau County Surrogate’s Court
When there is no will, the proceeding is an administration proceeding rather than a probate proceeding, but the venue is the same: the Surrogate’s Court of the county where the decedent lived. For Nassau County residents, that is the Nassau County Surrogate’s Court; Suffolk County residents file in the Suffolk County Surrogate’s Court. Here is the typical path:
1. Confirm Priority to Serve as Administrator
SCPA §1001 establishes who has the right to be appointed, in order of priority: the surviving spouse first, then children, then grandchildren, parents, siblings, and more distant relatives. If a higher-priority relative does not wish to serve, they can renounce in favor of someone else.
2. File the Petition for Letters of Administration
The petitioner files a Petition for Letters of Administration, a certified copy of the death certificate, and supporting documents identifying all distributees. Every distributee with equal or higher priority must either sign a waiver and consent or be served with a citation so the court has jurisdiction over them.
3. Post a Bond (If Required)
Unlike many will-based estates where the will waives a bond, intestate administrators are frequently required to post a surety bond under SCPA §805 to protect the estate’s beneficiaries. The bond amount is tied to the value of the estate’s personal property.
4. Letters of Administration Issue
Once the court is satisfied and any return date passes without objection, the Surrogate signs a decree and issues Letters of Administration. Only then does the administrator have authority to collect bank accounts, sell property, and act for the estate. If urgent action is needed while the petition is pending, the court can grant temporary or preliminary administration to address time-sensitive matters.
5. Administer and Distribute the Estate
The administrator’s duties mirror those of an executor: marshal assets, pay valid debts and taxes, account to the beneficiaries, and distribute what remains according to EPTL §4-1.1. Our guide to executor duties walks through these fiduciary obligations in detail — and they apply equally to administrators in an intestate estate.
For a deeper look at filing mechanics, return dates, and what to expect at the courthouse, see our Surrogate’s Court guide.
Timeline and Cost on Long Island
An uncontested administration proceeding typically takes about three to six months from filing to the issuance of Letters, though estates with hard-to-locate distributees, real property sales, or tax complications can take longer. Attorney fees for handling an estate generally range from roughly $3,000 to $10,000, depending on the size and complexity of the estate and whether disputes arise.
The court charges a filing fee that is graduated by the value of the estate under SCPA §2402 — there is no single flat number, so always confirm the current fee with the Nassau County Surrogate’s Court or your attorney before filing.
Small Estates: A Simpler Path
Not every intestate estate requires a full administration proceeding. Under SCPA Article 13, New York offers a streamlined voluntary administration (often called a “small estate” proceeding) when the decedent’s personal property falls under the statutory threshold. This affidavit-based process is faster and less costly than full administration. Note that real property is generally excluded from the small estate calculation, which often pushes Long Island estates — where home values are high — over the limit. Learn more on our small estate affidavit page.
What About Estate Taxes?
For 2026, the New York State estate tax exclusion is $7,350,000. New York applies a notorious “cliff”: if a taxable estate exceeds 105% of the exclusion — $7,717,500 in 2026 — the exclusion is lost entirely and the whole estate is taxed, not just the excess. Most Long Island estates fall below this threshold, but high-value homes, retirement accounts, and life insurance can add up quickly, so a tax review is wise before distributions are made.
Frequently Asked Questions
Does the surviving spouse automatically get everything if there is no will?
Only if there are no children. If the decedent left both a spouse and children, the spouse takes the first $50,000 plus half the remaining estate, and the children share the other half under EPTL §4-1.1.
Can an unmarried partner inherit under New York intestacy law?
No. New York intestacy recognizes only legal spouses and blood (or adopted) relatives. An unmarried partner receives nothing unless named in a will or a beneficiary designation. This is one of the strongest reasons to have an estate plan.
Who has the right to be the administrator?
SCPA §1001 sets the priority: surviving spouse first, then children, grandchildren, parents, and siblings. A higher-priority relative can renounce in favor of another.
What if family members disagree about who should administer the estate?
Disputes over appointment, asset valuation, or distribution can turn an administration into litigation. Our contested probate page explains how these conflicts are resolved in Surrogate’s Court.
Talk to a Long Island Probate Attorney
Dying without a will rarely produces the outcome a family expects — and the administration process in the Nassau County Surrogate’s Court has strict procedural requirements that are easy to get wrong. At Morgan Legal Group, Russel Morgan, Esq. and our team guide Long Island families through every step of intestate administration, from securing Letters of Administration to final distribution.
Schedule a confidential consultation today: https://calendly.com/russel-morgan/30min
Further reading from Morgan Legal Group: what to ask a probate lawyer before hiring.