When someone dies without a will in Brooklyn, New York’s intestacy statute — not the family — decides who inherits, and the Kings County Surrogate’s Court appoints a court-supervised representative called an administrator to settle the estate. This is true even when everyone in the family agrees on what should happen. Dying without a will is known legally as dying “intestate,” and the consequences are governed by the Estates, Powers and Trusts Law (EPTL) for who inherits, and the Surrogate’s Court Procedure Act (SCPA) for how the estate is processed. In short: the law fills the gap the missing will left behind, and that law may distribute assets very differently from what the deceased would have chosen.
At Morgan Legal Group, attorney Russel Morgan, Esq. and our team guide Brooklyn families through this process every week. Below, we explain exactly what happens, who inherits, how the court appoints an administrator, and the steps you should take next.
Intestate vs. Testate: Why the Difference Matters
When a person leaves a valid will, the estate is testate. The will names an executor, and after the will is validated, the court issues Letters Testamentary (SCPA §1414) granting that executor authority to act.
When there is no will, the estate is intestate. There is no executor and no instructions, so two things happen instead:
- The state’s intestacy formula decides who inherits under EPTL §4-1.1.
- The court appoints an administrator — not an executor — through a proceeding called administration, governed by SCPA Article 10.
The administrator performs the same core job as an executor (collect assets, pay debts and taxes, distribute the remainder), but receives Letters of Administration instead of Letters Testamentary, and operates strictly under the EPTL distribution rules rather than a will.
Who Inherits When There Is No Will in New York?
New York’s intestacy formula under EPTL §4-1.1 sets a strict order. It does not consider stepchildren, unmarried partners, close friends, or charities — only legally recognized relatives (“distributees”). Here is how it generally works:
| Surviving Relatives | Who Inherits |
|---|---|
| Spouse, no children | Spouse inherits everything |
| Children, no spouse | Children inherit everything, divided equally |
| Spouse and children | Spouse gets $50,000 plus half the remaining estate; children split the other half |
| No spouse or children | Parents inherit everything |
| No spouse, children, or parents | Siblings (and their children) inherit |
| No close relatives | More distant relatives per EPTL §4-1.1; if none, the estate may pass (“escheat”) to the State of New York |
A few Brooklyn-specific realities families often overlook:
- Unmarried partners inherit nothing under intestacy, regardless of how long the couple lived together.
- Stepchildren who were never legally adopted inherit nothing.
- Adopted children inherit fully, the same as biological children.
- “Half” relatives (such as half-siblings) are generally treated the same as “whole” relatives.
This is why dying without a will so often produces outcomes the deceased never intended. To understand how these distributions interact with the court process, see our probate and estate administration overview.
How the Kings County Surrogate’s Court Appoints an Administrator
Because there is no will and no named executor, someone must petition the court for authority. The proceeding is filed in the Kings County Surrogate’s Court, which handles all decedent estates for Brooklyn residents.
Step-by-Step: The Administration Process
- Determine who has priority to serve. Under SCPA §1001, the right to be appointed administrator follows a statutory order — surviving spouse first, then children, then grandchildren, parents, and siblings.
- File the Petition for Letters of Administration, along with a certified death certificate and information identifying all distributees.
- Notify all distributees. Every person with an equal or higher right to serve must either sign a waiver and consent or be served with a citation to appear. This is the same jurisdictional principle used in probate — the court must have jurisdiction over the people entitled to inherit.
- The court reviews and issues a decree. Absent objection on the return date, the court grants the petition.
- Letters of Administration issue, empowering the administrator to act for the estate.
- The administrator settles the estate — marshals assets, pays valid debts and taxes, and distributes the balance to distributees per EPTL §4-1.1.
For a deeper look at how the Surrogate’s Court operates, read our Surrogate’s Court guide. And because an administrator’s responsibilities mirror an executor’s, our executor and administrator duties page explains the fiduciary obligations in detail.
Interim Authority When Urgency Exists
In a will-based probate, a representative can seek Preliminary Letters Testamentary under SCPA §1412 for interim authority while the case is pending. In an intestate administration, the court can similarly grant temporary administration under SCPA Article 9 when assets need immediate protection — for example, to secure a property, stop a foreclosure, or prevent loss before full Letters issue.
Timeline, Costs, and Court Fees
- Timeline: An uncontested Brooklyn administration typically takes about 3 to 6 months from filing to the issuance of Letters, though estates with hard-to-locate heirs, minors, or disputes take longer.
- Attorney fees: Legal representation for a straightforward estate generally ranges from roughly $3,000 to $10,000, depending on complexity, asset types, and whether disputes arise.
- Court filing fee: The Surrogate’s Court filing fee is graduated based on the value of the estate under SCPA §2402. We do not quote a flat number here because the correct fee depends on your specific estate value — confirm the exact amount with the court or your counsel.
Bonds, Minors, and Common Complications
Several factors frequently complicate intestate estates in Brooklyn:
- Surety bond: Administrators are often required to post a bond to protect the estate, since there is no will waiving that requirement.
- Minor or disabled heirs: When a distributee is a minor, the court imposes additional protections, and funds may be held until the child reaches adulthood.
- Disputes over who serves: When multiple relatives share equal priority and disagree, the appointment can become contested. Our contested probate and estate litigation team handles these conflicts.
When a Full Administration May Not Be Required
Not every intestate estate requires a full administration proceeding. For small estates, New York offers a streamlined alternative — voluntary administration under SCPA Article 13, sometimes called a small estate affidavit. This simplified path applies to estates of limited value in personal property; importantly, real property is generally excluded from this procedure. If the deceased owned a Brooklyn home or other real estate, a full administration is usually still necessary. Learn more on our small estate affidavit page.
What About Estate Taxes?
Most Brooklyn intestate estates owe no New York estate tax. For 2026, the New York estate tax exclusion amount is $7,350,000. New York applies a “cliff,” however: estates exceeding 105% of the exclusion — $7,717,500 in 2026 — lose the benefit of the exclusion entirely and are taxed on the full value. Estates near that threshold need careful planning, and the administrator remains responsible for filing any required returns before distribution.
Frequently Asked Questions
Q: Who controls the estate if there is no will?
A: No one automatically. A relative must petition the Kings County Surrogate’s Court to be appointed administrator under SCPA §1001. Until Letters of Administration issue, no one has legal authority to act for the estate.
Q: Does my spouse automatically inherit everything if I die without a will?
A: Only if you have no children. If you leave a spouse and children, the spouse receives $50,000 plus half the remaining estate, and your children share the other half, under EPTL §4-1.1.
Q: Can my unmarried partner inherit if I die without a will in Brooklyn?
A: No. New York intestacy law recognizes only legal spouses and blood (or adopted) relatives. An unmarried partner inherits nothing under EPTL §4-1.1 unless named in a will or beneficiary designation.
Q: How long does a Brooklyn estate administration take?
A: An uncontested administration usually takes about 3 to 6 months, though locating heirs, minor beneficiaries, real property, or disputes can extend the timeline considerably.
Talk to a Brooklyn Probate Attorney Today
Dying without a will turns control of your legacy over to a rigid state formula — and leaves your family to navigate the Kings County Surrogate’s Court without instructions. Whether you are an heir trying to settle a loved one’s estate or you want to create a will to spare your family this process, Morgan Legal Group can help.
Schedule a consultation with Russel Morgan, Esq. today: Book your 30-minute consultation.
Further reading from Morgan Legal Group: ways to keep an estate out of probate.