The process of administering a person’s estate who died intestate, or without a Will, is called administration. If one dies without a Will, the laws of the State of New York (that is, the laws of intestacy) will determine the recipients (or distributees) of the decedent’s estate. The applicable statute is Estates, Powers and Trusts Law (EPTL) Section 4-1.1. Depending on your situation, you may or may not agree with how New York would distribute your assets. For example, if an unmarried person dies with predeceased parents and without children, that person’s estate may go to his or her siblings, nieces and nephews, or even cousins, depending on the decedent’s “family tree.” If the decedent person wanted to avoid that outcome, he or she should have written a Will to override New York’s intestacy laws and to dictate who should get the assets.
Similarly, the laws of the State of New York would determine who the administrator of your estate would be if you don’t have a Will. An administrator essentially has the same function as an executor, that is, to initiate the court proceeding, pay the debts of the estate and ultimately distribute the balance of the estate to the distributees according to New York law. You may strongly disagree with who New York would put in charge of your estate, especially if your estate includes delicate issues or is complex due to the type and/or value of your assets. If you want to avoid that outcome, you will need a Will to override New York law and to name an executor of your choice.
In summary, if you want to ensure that only the individuals of your choice would benefit from and are in charge of your estate, it is important that you have a Will.
