Probate

When an individual passes away without a valid will, the court initiates an administration proceeding instead of a probate proceeding. In this administration proceeding, a representative, commonly known as an “administrator,” is appointed to oversee the administration of the estate. The administrator assumes the responsibility of locating and identifying the rightful heirs who are entitled to inherit the decedent’s property under the New York intestate succession laws.

New York Intestate Succession Law

Under New York intestate succession law, the distribution of an intestate estate is determined based on a predetermined hierarchy of potential beneficiaries. The law places a high priority on the surviving spouse and minor children, with the intention of providing them with the greatest share of the estate.

If the decedent is survived by a spouse and children, the surviving spouse is entitled to a portion of the estate known as the “spousal share.” This share is equal to the greater of $50,000 or one-third of the net estate. The remaining portion of the estate, referred to as the “residuary estate,” is then divided among the children of the decedent.

In the absence of a surviving spouse or children, the intestate estate passes to other blood relatives of the decedent. This typically includes parents, siblings, and other more distant relatives in a pre-established order of priority.

In order for children to be eligible to inherit from their parents under New York State law, the existence of a legal parent-child relationship is required. While this is generally straightforward, there are circumstances where the determination of such a relationship may be more complex.

Grandchildren may inherit from the decedent, but only if their parent, who is the decedent’s child, predeceases the decedent. In such cases, the grandchild would stand in place of their parent and receive the inheritance that would have otherwise been inherited by the deceased parent.

It is crucial to consult with a legal professional to determine the specific legal parent-child relationship and the corresponding inheritance rights in individual cases. The complexity of these matters underscores the importance of seeking legal guidance to ensure the accurate interpretation and application of New York State inheritance laws.

In the event that the decedent has no surviving spouse, parent, sibling, or descendants of siblings, the distribution of the probate estate in accordance with intestacy laws in New York will follow a specific order. The estate will generally be divided equally between the maternal and paternal relatives of the deceased, commencing with the grandparents on each side. The distribution will then extend to collateral relatives, including first cousins once removed, who are the great-grandchildren of the deceased’s grandparents.

However, if the closest surviving relative is a second cousin or a more remote relative, such as a great-great grandchild of the decedent’s grandparents, the estate will escheat to the State of New York. It is important to note that the absence of a valid will increases the likelihood of the decedent’s assets benefiting distant family members with whom the decedent may have had no close relationship. Additionally, the possibility arises that the decedent’s property could pass to the state instead of supporting preferred charitable causes, such as The New York Community Trust.

When can a person NOT inherit?

In certain circumstances, individuals may find themselves disqualified from inheriting property under applicable laws. One such situation arises under the slayer rule, which operates to prevent individuals who are responsible for the death of a decedent from receiving any rights in their estate. For instance, in the case of Lyle and Erik Menendez, these brothers were potential heirs to their murdered parents’ estate. However, upon being convicted of the murders, they became disqualified from inheriting as they were found responsible for their parents’ deaths.

Furthermore, spousal disqualification can occur, rendering a spouse ineligible to claim their share of the estate. Disqualification may arise due to factors such as divorce, legal separation, abandonment, or the determination of an invalid “void” marriage.

Additionally, an individual must survive the testator by at least 120 hours, or a five-day period, in order to inherit. Failure to satisfy this requirement results in the presumption that the heir died contemporaneously with the decedent, thus treating them as if they had predeceased the testator.

Moreover, an individual has the option to renounce their entitled gift, effectively deciding not to accept it. By renouncing the inheritance, the person is treated as having predeceased the testator.

Another circumstance that may disqualify an individual from inheriting is when they have already received a portion of their inheritance during the donor’s lifetime through an advancement. For the advancement to be recognized, there must be evidence showing that the intent behind the gift was to provide an “inheritance in advance” rather than a simple gift. Qualifying criteria for an advancement typically include a contemporaneous writing, signed by both the donor and the donee, demonstrating the intention to treat the gift as an advancement.

In the absence of surviving spouses, parents, siblings, or descendants of siblings, intestacy laws dictate the distribution of the probate estate to the deceased person’s relatives. The specific order of distribution typically begins with the grandparents on each side of the family and extends to collateral relatives as distant as the decedent’s first cousins once removed. However, if the closest surviving relative is a more remote relative, such as a second cousin, the estate may escheat to the State, meaning it will pass to the government.

It is important to note that these inheritance rules and disqualifications can vary between jurisdictions and are subject to applicable state laws. Therefore, individuals should consult with legal professionals to understand the specific rules governing their jurisdiction and circumstances.