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New York Intestacy Calculator — Who Inherits When There Is No Will
When a New York resident dies without a will, EPTL 4-1.1 decides exactly who inherits and in what proportions — no judge has discretion to change the formula. This calculator applies the statute to your family situation. Enter the net estate (after debts, funeral and administration expenses) and describe who survived the decedent.
Intestate Share Calculator (EPTL 4-1.1)
The intestate shares will be displayed here.
The EPTL 4-1.1 Order of Priority
| Survivors | Who inherits |
|---|---|
| Spouse and descendants | Spouse takes $50,000 plus one-half of the balance; descendants take the rest by representation |
| Spouse, no descendants | Spouse takes everything |
| Descendants, no spouse | Descendants take everything by representation |
| Parents only | Parents take everything (equally if both survive) |
| Siblings or their descendants | Issue of the decedent’s parents take by representation |
| Grandparents / aunts & uncles / first cousins | One-half to the maternal side, one-half to the paternal side: to grandparents, or if none, to their children and grandchildren (aunts, uncles, first cousins). If one side has no takers, everything goes to the other side |
| First cousins once removed only | Great-grandchildren of grandparents take per capita |
| No qualifying relatives | The estate escheats to the State of New York |
Rules That Change the Math
- “By representation” (EPTL 1-2.16): shares are cut at the first generation with a living member. Shares of predeceased members drop down and are pooled, then divided equally among all takers in the next generation — unlike old-style per stirpes, cousins in the same generation always take equally.
- Half-siblings count in full. Relatives of the half blood inherit as if they were whole blood (EPTL 4-1.1(b)).
- Adopted children inherit in full; non-marital children inherit from their mother automatically and from their father where paternity is established (EPTL 4-1.2).
- A disqualified spouse gets nothing. A spouse who abandoned the decedent or failed to support them may be disqualified under EPTL 5-1.2 — a frequent litigation issue.
- The family set-aside comes first. Before intestate shares are computed, EPTL 5-3.1 sets aside certain property (up to modest statutory limits — household items, a car, money) for the surviving spouse or minor children.
- Only probate assets pass by intestacy. Joint accounts, beneficiary designations, and trust assets pass outside the estate regardless of EPTL 4-1.1.
For the practical steps after someone dies without a will — who can be appointed administrator and how — see what happens when a relative dies without a will. Where the closest relatives are distant, the court may require a formal kinship proceeding to prove the family tree.
This calculator applies the statutory formula to a simplified family tree; real estates involve disqualification issues, advancements, non-probate assets and kinship proof. If you are dealing with a New York intestate estate, we at the Law Offices of Albert Goodwin are here for you. You can call us at 212-233-1233 or send us an email at [email protected].
For the statutory rules in depth, see our EPTL 4-1.1 intestate succession guide.
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
