What happens if my loved one dies without a will?
Answer
A person who dies without a will is said to have died “intestate”. Because the deceased person left no direction about how to dispose of their assets, New York law lays out how their assets will be distributed among the surviving members of the decedent’s family. When someone dies intestate, the proceeding that is filed in Surrogate's Court is called an administration proceeding, instead of probate, which is filed when there is a will. (You can also file a small estate petition when someone dies intestate as long as the estate meets the other criteria to be considered a small estate.) A certified copy of the death certificate must be filed with the administration petition and other supporting documents in the Surrogate’s Court in the county in which the decedent had their primary residence. You will pay a filing fee, which is based on the value of the estate. It may be advisable to talk to a lawyer, but it is not required.