• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Kobrick and Moccia

Long Island Estate Planning Attorneys

ESTATE, TRUST PLANNING &
ELDER LAW INFORMATION CENTER

Call Now: (800) 295.1917

Attend Our Free Seminars
  • Home
  • Our Firm
    • About Our Firm
    • Client Testimonials
    • Meet Our Team
  • Services
    • Blended Family Planning
    • Elder Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Guardianship
    • Medicaid Planning
    • Nursing Home Planning
  • Seminars
  • Resources
    • Articles
    • Elder Law Resources
      • Commack Elder Law
      • Elder Law Reports
      • Harrison Elder Law
      • Hauppauge Elder Law
      • Rockville Centre Elder Law
      • White Plains Elder Law
    • Estate Planning Definitions
    • FREE Estate Planning Worksheet
    • FREE Seminars
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Is My Estate Plan Outdated?
    • Legacy Wealth Planning Consultation Form
    • Medicaid Resources
    • Probate Resources
      • Harrison Probate
      • Hauppauge Probate
      • Long Island Probate
    • Probate Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Communities We Serve
    • Nassau County
      • Garden City
      • Lynbrook
      • Malverne
      • Rockville Centre
    • Suffolk County
      • Commack
      • Dix Hills
      • Hauppauge
      • Nesconset
      • Smithtown
    • Westchester County
      • Harrison
      • Mamaroneck
      • Rye Brook
      • White Plains
  • BLOG
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
Home » Estate Planning » What Happens If You Die Intestate?

What Happens If You Die Intestate?

May 18, 2016 by Anthony Moccia

intestateYou have undoubtedly heard how important it is to have an estate plan in place. At a bare minimum, you know you need to execute a Last Will and Testament; however, do you know why it is so important?  Like many people, you may not be motivated to get an estate plan in place unless you know the consequences of not having one in place. If you died tomorrow without at least a basic Will in place your estate would be considered an “intestate” estate. Conversely, if you die with a Last Will and Testament in place, your estate is considered a “testate” estate. What happens if you leave behind an intestate estate?

Testate vs. Intestate Estates

Although no one wants to think about the possibility of their own untimely death, for a moment let’s imagine that a tragic accident causes your death tomorrow. In the absence of a valid Last Will and Testament the New York State laws of intestate succession will dictate how your property is distributed after your death. The reason for this is that the government does not want assets to lack proper ownership or to become the subject of protracted litigation trying to decide who owns them. Therefore, if you fail to decide ahead of time who will receive your assets upon death the State of New York will decide for you using the existing intestate succession laws.

Who Will Oversee the Probate Process?

Almost all estates are required to go through the legal process known as “probate.” Someone must be appointed to oversee the probate of your estate. If you had executed a Will, you would have been able to decide yourself who will be the Executor of your estate; however, since you died intestate, almost anyone may petition to be the “Personal Representative” of the estate. If no one volunteers the court will have to appoint someone who is not involved in your estate at all. The Executor/PR has a long list of important duties throughout the probate process, including:

  • Starting the probate process
  • Identifying, locating and valuing estate assets
  • Identifying and locating legal heirs of the estate
  • Notifying creditors
  • Reviewing creditor claims and paying approved claims
  • Defending your estate during any litigation
  • Preparing and paying taxes
  • Transferring assets to the new owners

Who Will Get Your Estate Assets in an Intestate Estate?

When a decedent dies without leaving behind a Will (or other estate planning documents) the New York intestate succession laws govern the distribution of assets owned by the decedent at the time of death.  Under the New York intestate succession laws only close family members will inherit from your estate. Typically, this includes a spouse, children, parents and/or siblings unless none of them survive you. In that case the law will look to more distant blood relatives. Close friends and causes dear to your heart will receive nothing from your estate. Your favorite niece to whom you promised your doll collection will likely receive nothing. Worst of all, sentimental assets or family heirlooms could be sold in order to liquefy assets to satisfy the intestate succession distribution requirements. Your family home, for example, might have to be sold because only your three children survived you and the law requires your assets to be split equally among them.

In essence, dying intestate means you agree to let the State of New York decide who will administer your estate, who will inherit from your estate, and which assets those legal heirs will receive from your estate. If that doesn’t sit well with you, as is the case with most people, the simple solution is to sit down with an experienced New York State estate planning attorney to discuss the creation of an estate plan. With an estate plan in place you can rest easy knowing that your wishes will be followed with regard to the future of your state assets.

Contact Us

For additional information, please join us for a free seminar.    If you have additional questions or concerns regarding Medicaid planning, contact the experienced New York estate planning attorneys at The Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment.

  • Author
  • Recent Posts
Anthony Moccia
Anthony Moccia
Anthony Moccia is an attorney and partner at The Law Offices of Kobrick & Moccia.His practice focuses on estate planning and elder law.He is a member of the New York State and Nassau County Bar Associations.He frequently presents free seminars on wills & living trusts to area residents and his seminars are said to be “informative, entertaining & easy to understand.”
Anthony Moccia
Latest posts by Anthony Moccia (see all)
  • Do I Need a “Durable” Power of Attorney? - April 2, 2020
  • Joint Tenancy Pros and Cons - March 31, 2020
  • Planning for the Sandwich Generation - March 26, 2020

Filed Under: Estate Planning

Other Articles You May Find Useful

“Last Will and Testament” Origin
Joint Tenancy Pros and Cons
Joint Tenancy Pros and Cons
Planning for the Sandwich Generation
Planning for the Sandwich Generation
Best-Places-to-Retire-State
Best Places to Retire: State Taxation
men writing on paper
Whom Do You Want to Get Your Assets?
men writing on paper
Beneficiary Designations and Other Non-Probate Transfers

Primary Sidebar

Law Offices of Kobrick and Moccia

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

GARDEN CITY

1305 Franklin Avenue Suite 170
Garden City, NY 11530
United States (US)
Phone: (516) 248-9500
Fax: (516) 248-7606

HAUPPAUGE

150 Motor Parkway Suite 401 (Regus)
Hauppauge, NY 11788
United States (US)
Phone: (631) 941-3400
Fax: (516) 248-7606

HARRISON

600 Mamaroneck Avenue, 4th Floor
Harrison, NY 10528
United States (US)
Phone: (914) 701-0777
Fax: (516) 248-7606

MAP

kobrick_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kobrick and Moccia, Attorneys at Law. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

Law Offices of Kobrick and Moccia
Attorney Advertisement
© 2022 American Academy of Estate Planning Attorneys, Inc.