When someone dies without a will in Brooklyn, New York’s intestacy laws—not the family—decide who inherits the estate, and the Kings County Surrogate’s Court appoints an administrator to settle it. This is called dying “intestate.” Instead of an executor named in a will, a close relative petitions the court for Letters of Administration, which grant legal authority to collect assets, pay debts, and distribute what remains according to a fixed statutory formula set out in the New York Estates, Powers and Trusts Law (EPTL). Below, we walk through exactly how this unfolds in Brooklyn, who has priority to inherit and to serve, the timeline, and the costs involved.
Intestate vs. Testate: Why the Difference Matters
A person who dies with a valid will dies testate, and the will controls who inherits. A person who dies without one dies intestate. In an intestate estate, two things change:
- Who decides the distribution. The will is silent, so New York’s intestacy statute, EPTL § 4-1.1, dictates exactly who receives what. Personal wishes, verbal promises, and informal notes carry no legal weight.
- Who runs the estate. There is no named executor. Instead, the Surrogate’s Court issues Letters of Administration to a qualified relative (an “administrator”), rather than the Letters Testamentary that would go to an executor under a will. To understand the broader process, see our probate overview.
The Surrogate’s Court Procedure Act (SCPA) governs the procedure, while the EPTL governs the substance—who inherits and how much.
Who Inherits Under New York’s Intestacy Law (EPTL § 4-1.1)
New York’s intestacy rules follow a strict order based on the surviving relatives. The chart below summarizes the most common scenarios for a Brooklyn decedent:
| Survivors at death | Who inherits |
|---|---|
| Spouse, no children | Spouse takes the entire estate |
| Spouse and children | Spouse takes $50,000 plus one-half of the balance; children split the remaining one-half |
| Children, no spouse | Children inherit everything in equal shares |
| Parents, no spouse or children | Surviving parents inherit everything |
| Siblings only | Siblings (and the issue of deceased siblings) inherit |
| No close relatives | More distant kin per the statute; if none, the estate may escheat to the State of New York |
A few points trip families up most often:
- “Children” means legal children—biological and legally adopted. Stepchildren who were never adopted do not inherit under intestacy.
- Non-marital children can inherit from a parent when paternity is established as the statute requires.
- Unmarried partners inherit nothing under intestacy, no matter how long the relationship lasted. This is one of the harshest realities of dying without a will in Brooklyn.
Because the formula is rigid, intestacy frequently produces results the deceased never intended. That is precisely why estate planning matters—but once death has occurred without a will, the family must work within these rules.
Who Can Serve as Administrator in Kings County?
Just as the law ranks who inherits, SCPA § 1001 ranks who has priority to be appointed administrator. The order generally runs:
- Surviving spouse
- Children
- Grandchildren
- Parents
- Siblings
- More distant relatives, in statutory order
The person with priority files a Petition for Letters of Administration in the Kings County Surrogate’s Court. Anyone with equal or higher priority who is not petitioning typically must sign a waiver and consent, or be formally served with a citation so the court has jurisdiction over them. The administrator’s responsibilities closely mirror those of an executor; our guide to executor and administrator duties breaks down each obligation, from inventorying assets to filing the final accounting.
The Brooklyn Intestate Administration Process, Step by Step
While the paperwork differs from a will-based (probate) case, the structure parallels it. For the court-specific mechanics, our Surrogate’s Court guide is a useful companion. The core steps are:
- Obtain the death certificate and gather information on the decedent’s assets, debts, and relatives (“distributees”).
- File the Petition for Letters of Administration with the Kings County Surrogate’s Court, along with supporting documents.
- Secure jurisdiction over the distributees through signed waivers and consents, or by issuing a citation to anyone who does not consent.
- Pay the filing fee. New York sets the fee on a graduated scale tied to estate value under SCPA § 2402—confirm the current amount with the court or your attorney before filing.
- The court reviews and, if all is in order, issues the decree and grants Letters of Administration on the return date.
- The administrator settles the estate: marshals assets, pays valid debts and taxes, and distributes the remainder per EPTL § 4-1.1.
- Final accounting closes the estate.
If estate assets must be protected before full Letters issue, the court can grant temporary authority—comparable to the Preliminary Letters available in will cases under SCPA § 1412.
How Long Does It Take and What Does It Cost?
For a straightforward, uncontested Brooklyn estate, obtaining Letters and reaching distribution commonly takes about three to six months, though complex assets or family disputes extend that significantly. Legal fees to obtain Letters typically run $3,000 to $10,000, depending on the estate’s size and complications. Court filing fees are separate and are set by the SCPA § 2402 graduated schedule—verify current figures with the court.
The Small Estate Shortcut
Not every intestate estate requires full administration. When the personal property is modest, the family may qualify for voluntary administration under SCPA Article 13, a streamlined affidavit-based process that avoids a full proceeding. Learn whether you qualify on our small estate affidavit page. New York’s threshold for this small-estate procedure is updated periodically, so confirm the current limit before relying on it.
When Intestate Estates Become Contested
Disputes are common when there is no will to point to. Relatives may fight over who should serve as administrator, whether a distant relative is truly entitled to a share, or how an asset is valued. Claims of an undiscovered will, questions of paternity, or allegations of misconduct by an administrator can all turn a routine case into litigation. If a dispute arises, our contested probate resources explain your options and how a Brooklyn attorney can protect your interests.
Frequently Asked Questions
Does the State of New York take the estate if there’s no will?
Only as a last resort. The estate escheats to New York State only when no surviving relatives can be located under the intestacy statute. In the vast majority of cases, a spouse, child, parent, or sibling inherits.
Can my unmarried partner inherit if I die without a will in Brooklyn?
No. New York intestacy law does not recognize unmarried partners. Without a will, beneficiary designation, or jointly titled assets, a partner receives nothing.
Who decides who runs the estate if there’s no executor?
The Kings County Surrogate’s Court appoints an administrator following the priority order in SCPA § 1001, starting with the surviving spouse, then children, and so on.
How quickly can the administrator access estate funds?
The administrator generally cannot act on the estate’s behalf until the court issues Letters of Administration—usually a few months for an uncontested case, though urgent protective authority can sometimes be granted sooner.
Talk to a Brooklyn Probate Attorney
Settling an intestate estate in Kings County is far more navigable with experienced guidance. At Morgan Legal Group, attorney Russel Morgan, Esq. helps Brooklyn families secure Letters of Administration, manage distributee notice requirements, and distribute estates correctly under New York law. Schedule a 30-minute consultation with Russel Morgan or call (888) 529-1315 to discuss your situation today.
Further reading from Morgan Legal Group: ways to keep an estate out of probate.