When someone dies without a will in Westchester County, the law — not the deceased — decides who inherits the estate and who is put in charge of settling it. This is called dying “intestate,” and New York’s intestacy statute (EPTL Article 4) provides a fixed order of inheritance based on family relationships. Instead of probating a will, the family must open an administration proceeding in the Westchester County Surrogate’s Court, where a judge appoints an administrator and issues Letters of Administration authorizing that person to collect assets, pay debts and taxes, and distribute the remainder to the legally entitled heirs. The result is often slower, more rigid, and more contentious than it would have been with a properly drafted will.
Below, the probate attorneys at Morgan Legal Group explain exactly how intestacy works in Westchester, who inherits, how the administration process unfolds, and how to protect your family from the uncertainty of dying without a will.
Intestacy: New York Decides Who Inherits
Because no will names beneficiaries, New York’s “laws of intestate succession” under EPTL §4-1.1 control the distribution of the estate. These rules apply uniformly across the state, including Westchester County. The surviving relatives who inherit are called distributees.
The order of inheritance depends on who survives the decedent:
| Surviving Family | Who Inherits |
|---|---|
| Spouse and children (descendants) | Spouse gets the first $50,000 plus one-half of the balance; children share the remaining one-half |
| Spouse, no children | Spouse inherits the entire estate |
| Children, no spouse | Children inherit everything in equal shares (by representation) |
| Parents, no spouse or children | Surviving parents inherit everything |
| Siblings only | Siblings (and their descendants) inherit |
| No close relatives | More distant relatives per the statute; if none, the estate escheats to the State of New York |
Several important consequences follow from these rules:
- Unmarried partners inherit nothing. New York intestacy makes no provision for a life partner, fiancé, or long-term companion who was never legally married to the decedent.
- Stepchildren inherit nothing unless they were legally adopted.
- Friends and charities receive nothing, regardless of the decedent’s wishes or verbal promises.
- Minor children’s shares must often be protected through guardianship of the property, adding court oversight and expense.
In short, intestacy can produce results the deceased never intended — which is precisely why a will matters.
Opening an Administration Proceeding in Westchester County Surrogate’s Court
All estate matters for a Westchester resident are heard in the Westchester County Surrogate’s Court. When there is a will, the process is called probate and the court issues Letters Testamentary to the named executor (SCPA §1414). When there is no will, the proceeding is an administration, and the court appoints an administrator instead.
The statute governing who may serve is SCPA §1001, which sets the priority order for appointment. Generally, the right to serve as administrator follows the same order as inheritance:
- The surviving spouse
- The children
- The grandchildren
- The parents
- The siblings
- More distant distributees, as set by statute
If a person with priority does not wish to serve, they may renounce, allowing the next eligible person to step forward.
The Steps in a Westchester Administration
The administration process generally follows these steps:
- File the petition. The proposed administrator files a Petition for Letters of Administration with the Westchester County Surrogate’s Court, together with a certified copy of the death certificate and a list of the decedent’s distributees and estate assets.
- Establish jurisdiction over distributees. Every distributee with an equal or higher right to serve must either sign a waiver and consent or be served with a citation to appear in court. This ensures all heirs have notice and an opportunity to object.
- Post a bond if required. Unlike many will-based estates, intestate administrators are frequently required to post a surety bond to protect the heirs and creditors — an added cost and complication.
- Receive Letters of Administration. Once jurisdiction is complete and no objections remain, the court issues a decree and Letters of Administration, giving the administrator legal authority to act.
- Administer and distribute the estate. The administrator collects assets, pays valid debts and taxes, and distributes the balance strictly according to the EPTL §4-1.1 shares.
Where urgent action is needed before full Letters issue — for example, to preserve a business or secure property — the court can grant interim authority through procedures analogous to Preliminary Letters Testamentary under SCPA §1412 in will cases. Your attorney can advise whether expedited relief is appropriate.
For a deeper overview of how the court works generally, see our Surrogate’s Court guide, and for a step-by-step look at the broader process, our probate overview.
Timeline, Costs, and the Surety Bond
An uncontested administration in Westchester typically takes about three to six months from filing to the issuance of Letters, though estates with hard-to-locate heirs, real property, or disputes can take considerably longer.
Attorney fees for handling an administration generally range from about $3,000 to $10,000, depending on the size and complexity of the estate. The Surrogate’s Court also charges a filing fee that is graduated by the value of the estate (SCPA §2402) — we do not quote a flat number here because it depends on estate value; confirm the current fee with the court or your counsel.
Because intestate administrators usually owe duties similar to those of an executor, it helps to understand an estate fiduciary’s obligations in advance. See our overview of executor duties — most of those responsibilities apply equally to an administrator.
Small Estates: A Simpler Path
Not every intestate estate requires a full administration. Where the personal property is modest, New York offers a streamlined alternative.
Under SCPA Article 13 (voluntary administration), a qualified family member may file a simple affidavit rather than a full proceeding. This small-estate process is faster and far less expensive, but it has key limits — most notably, real property is generally excluded, so it cannot be used to transfer a Westchester home.
If you think the estate may qualify, review our small estate affidavit page to understand the requirements and dollar thresholds before filing.
What About Estate Taxes?
Dying without a will does not change New York’s estate tax rules. For 2026, the New York estate tax exclusion amount is $7,350,000. New York also imposes a so-called “cliff”: if a taxable estate exceeds 105% of the exclusion — $7,717,500 in 2026 — the entire estate (not just the excess) becomes subject to New York estate tax. Careful planning matters most for estates approaching that threshold, and an intestate estate has no built-in tax planning at all.
Frequently Asked Questions
Who is in charge of an estate when there is no will?
The Westchester County Surrogate’s Court appoints an administrator under SCPA §1001, usually the surviving spouse or an adult child. The administrator receives Letters of Administration authorizing them to settle the estate.
Does my spouse automatically inherit everything if I die without a will?
Only if you have no children. Under EPTL §4-1.1, if you leave a spouse and children, the spouse receives the first $50,000 plus half the balance, and the children share the rest.
How long does it take to settle an intestate estate in Westchester?
An uncontested administration typically takes about three to six months to obtain Letters, with full settlement taking longer depending on assets, taxes, and any disputes.
Can an unmarried partner inherit under New York intestacy?
No. New York intestacy law does not recognize unmarried partners. Without a will, a life partner inherits nothing — which is why a will or trust is essential.
Don’t Leave Your Family’s Future to Chance
Dying without a will means the State of New York — not you — chooses your heirs and your administrator. The result can be delay, added cost, family conflict, and outcomes you never intended. A properly drafted will or trust avoids all of it. If a loved one has passed without a will, or if you want to make sure your own wishes are honored, the experienced estate team at Morgan Legal Group can help.
Speak directly with Russel Morgan, Esq. to plan your next step.
Schedule your consultation with Russel Morgan, Esq. →
If you anticipate disagreement among heirs, also review our guidance on contested probate so you understand your options before a dispute arises.
Further reading from Morgan Legal Group: what to ask a probate lawyer before hiring.