When someone dies without a will in Westchester, New York’s intestacy statute decides who inherits the estate — not the family, and not the decedent’s unwritten wishes. The estate passes to the closest living relatives in a fixed order set by the Estates, Powers and Trusts Law (EPTL §4-1.1), and instead of an executor named in a will, the Westchester County Surrogate’s Court appoints an administrator and grants that person Letters of Administration under the Surrogate’s Court Procedure Act (SCPA Article 10). In short: dying without a will (dying “intestate”) does not mean the state automatically takes everything, but it does mean a court-supervised process governs who gets what and who is in charge.
This guide explains exactly how that works in Westchester County, who has the right to inherit and to administer the estate, and the practical steps the family must take to settle the affairs of a loved one who left no will.
What “Intestate” Means in New York
A person who dies without a valid will dies intestate. The property that would have passed under a will instead passes by the rules of intestate succession in EPTL §4-1.1. These rules apply only to assets that would have gone through the decedent’s probate estate — generally assets in the decedent’s sole name without a beneficiary designation.
Importantly, intestacy does not override:
- Jointly owned property with rights of survivorship (passes automatically to the co-owner)
- Accounts with a named beneficiary (life insurance, IRAs, “payable on death” accounts)
- Property held in a living trust
So even without a will, many assets may transfer outside of Surrogate’s Court. The remaining sole-name assets are what the administration process in Westchester addresses.
Who Inherits Under New York Intestacy Law (EPTL §4-1.1)
New York’s intestacy statute distributes the estate in a strict order of priority. The most common outcomes:
| Survived by | Who inherits |
|---|---|
| Spouse and no children (issue) | Spouse takes 100% of the estate |
| Spouse and children | Spouse takes the first $50,000 plus one-half of the remainder; the children share the rest equally |
| Children, no spouse | Children share the entire estate equally (per capita at each generation) |
| No spouse, no children | Parents inherit; if none, then siblings and their descendants |
| No spouse, children, parents, or siblings | More remote relatives (grandparents, aunts/uncles, cousins) per the statute |
A few Westchester families are surprised by these results. For example, an unmarried partner inherits nothing under intestacy, no matter how long the relationship lasted. Stepchildren who were never legally adopted also inherit nothing. This is one of the clearest reasons to have a will — and why intestacy so often produces an outcome the decedent would not have chosen. Only if no relatives can be located does the property “escheat” (pass) to the State of New York, which is rare.
The Westchester County Surrogate’s Court Process
Estate matters for a Westchester resident are handled by the Westchester County Surrogate’s Court. When there is no will, the proceeding is called an administration proceeding (governed by SCPA Article 10), rather than a probate proceeding. The goal is to have the court appoint someone with legal authority to act for the estate.
Step 1 — Determine Who Has Priority to Serve as Administrator
Unlike probate, where the will names an executor, intestacy uses a statutory order of priority for who may serve as administrator, set out in SCPA §1001. Priority generally runs:
- Surviving spouse
- Children
- Grandchildren
- Parents
- Siblings
- More distant relatives
The person with priority files the petition. If that person does not wish to serve, they may renounce in favor of the next eligible distributee.
Step 2 — File the Petition for Letters of Administration
The proposed administrator files a Petition for Letters of Administration with the Westchester County Surrogate’s Court, along with a certified copy of the death certificate and supporting documents identifying the decedent’s distributees (the legal heirs) and the approximate value of the estate.
Step 3 — Notify the Distributees
Everyone with equal or higher priority must consent or be cited. Each eligible distributee typically signs a waiver and consent, or, if they will not sign, the court issues a citation requiring them to appear. This step gives the court jurisdiction and protects the rights of every heir.
Step 4 — The Court Issues Letters of Administration
Once the paperwork is in order and any required parties have consented, the court issues Letters of Administration. This document is the administrator’s proof of legal authority — the intestacy equivalent of the Letters Testamentary an executor receives. Banks, brokerages, and title companies require it before releasing the decedent’s assets. (For estates where a will exists, the court instead issues Letters Testamentary under SCPA §1414.) Where urgent action is needed before full appointment, the court can grant interim authority — a concept parallel to Preliminary Letters Testamentary under SCPA §1412 in will-based cases.
Step 5 — The Administrator Settles the Estate
With Letters in hand, the administrator collects assets, pays valid debts and taxes, and distributes what remains to the heirs according to EPTL §4-1.1. The duties closely track those of an executor — see our overview of executor duties for the responsibilities and personal liability involved.
For a deeper walk-through of how the court itself works, filing windows, and what to expect on a return date, see our Surrogate’s Court guide, and for the broader picture of estate settlement read our probate overview.
Bonds, Timelines, and Costs in Westchester
A few practical points that distinguish intestate administration:
- Administrator’s bond. Because no will named (and excused) a fiduciary, the court often requires the administrator to post a surety bond to protect the heirs and creditors, unless all adult distributees waive it. This is a frequent difference from probate, where a will commonly waives the bond.
- Timeline. An uncontested administration in Westchester generally takes about three to six months to reach the issuance of Letters, with the full settlement depending on the estate’s complexity. Disputes among heirs can extend this considerably.
- Court filing fee. New York’s Surrogate’s Court filing fee is graduated by the size of the estate under SCPA §2402. We do not quote a specific figure here because it depends on estate value and can change — confirm the current fee directly with the Westchester County Surrogate’s Court or with counsel.
- Attorney’s fees. Legal fees for a straightforward administration commonly run in the range of $3,000 to $10,000, scaling with the estate’s size and any complications.
Small Estates: The Voluntary Administration Shortcut
If the Westchester decedent left a modest amount of personal property, the family may not need a full administration at all. New York’s small estate (voluntary administration) procedure under SCPA Article 13 lets a voluntary administrator settle the estate by affidavit, which is faster and less expensive than a full proceeding. Note that real property is generally excluded from this shortcut. Learn whether you qualify on our small estate affidavit page.
Estate Taxes Still Apply
Dying without a will does not change New York’s estate tax. For deaths in 2026, the New York basic exclusion amount is $7,350,000. New York also imposes a “cliff”: if a taxable estate exceeds the exclusion by more than 5% — that is, above roughly $7,717,500 (105% of the exclusion) — the exclusion is lost entirely and the whole estate becomes taxable. Most Westchester estates fall under the threshold, but high-value estates should obtain tax counsel early.
Can Heirs Disagree? Contested Administrations
Yes. Even without a will, family members can dispute who should serve as administrator, challenge the list of distributees, or object to how assets are handled. These conflicts are resolved in Surrogate’s Court and can become as adversarial as a will contest. If you anticipate friction among heirs, our contested probate resource explains how disputes are litigated and resolved.
Frequently Asked Questions
Does the State of New York take the property if there is no will?
Almost never. The estate passes to the closest relatives under EPTL §4-1.1. Only when no living heirs can be found does the property escheat to the State — an uncommon result.
Who can be the administrator if there is no will?
The person with the highest statutory priority under SCPA §1001 — usually the surviving spouse, then children, then more distant relatives. They petition the Westchester County Surrogate’s Court for Letters of Administration.
How long does intestate administration take in Westchester?
An uncontested matter typically takes about three to six months to reach the issuance of Letters of Administration. Contested matters or complex assets take longer.
Does an unmarried partner inherit anything without a will?
No. Under New York intestacy law, an unmarried partner inherits nothing through the estate. Only a spouse and blood (or legally adopted) relatives inherit. This is one of the strongest reasons to make a will.
Speak With a Westchester Probate Attorney
Settling an estate without a will involves strict statutory rules, court filings, distributee notices, and often a surety bond — and a single misstep can delay distributions or expose the administrator to personal liability. The team at Morgan Legal Group, led by Russel Morgan, Esq., guides Westchester families through the administration process from the first petition to the final distribution.
Schedule a consultation today: https://calendly.com/russel-morgan/30min
Further reading from Morgan Legal Group: ways to keep an estate out of probate.