When someone dies without a will in Staten Island, New York’s intestacy laws take over and decide who inherits the estate — the deceased person’s wishes, however well-known to family, carry no legal weight. Instead of a will naming an executor and beneficiaries, the Richmond County Surrogate’s Court applies a fixed statutory formula under the Estates, Powers and Trusts Law (EPTL) to determine heirs, and it appoints an administrator (rather than an executor) to settle the estate. This process is called administration, and it begins with a petition filed at the Richmond County Surrogate’s Court here on Staten Island.
Below, we walk through exactly what happens, who inherits, and why securing experienced counsel early protects your family and the estate.
Dying “Intestate”: What It Means in New York
A person who dies without a valid will is said to have died intestate. When that happens, New York does not let the estate sit in limbo. The EPTL § 4-1.1 distribution rules and the Surrogate’s Court Procedure Act (SCPA) govern what comes next. Two things are decided by statute, not by the family:
- Who inherits the assets (the “distributees” or heirs at law), and
- Who is authorized to administer the estate on the court’s behalf.
Because no will exists to name an executor, the court instead issues Letters of Administration — the legal document that gives the administrator authority to act. This parallels the Letters Testamentary issued in a standard probate (SCPA § 1414), but it applies when there is no will to validate. To understand how the two paths compare, see our Probate Overview.
Who Inherits Under New York’s Intestacy Law (EPTL § 4-1.1)
New York’s intestacy statute distributes assets to surviving family members in a strict order of priority. The decedent’s circumstances at death control the outcome:
| Surviving Family | Who Inherits Under EPTL § 4-1.1 |
|---|---|
| Spouse, no children (issue) | Spouse inherits everything |
| Children (issue), no spouse | Children inherit everything, divided equally |
| Spouse and children | Spouse receives the first $50,000 plus one-half of the balance; children share the remaining one-half |
| No spouse, no children | Parents inherit; if none, then siblings, then more remote relatives |
| No surviving relatives at all | The estate “escheats” — it passes to the State of New York |
A few points Staten Island families often misunderstand:
- Unmarried partners inherit nothing under intestacy, no matter how long the relationship lasted.
- Stepchildren are not legal “issue” unless legally adopted.
- “Issue” includes grandchildren by representation when a child predeceased the parent.
These rules frequently produce results the deceased would never have chosen — which is why the absence of a will so often leads to conflict.
The Administration Process in Richmond County Surrogate’s Court
Settling an intestate estate follows a defined path. While timelines vary, an uncontested administration on Staten Island typically takes about 3 to 6 months before Letters of Administration issue, and often longer to fully close.
Step 1 — Determine Who Has Priority to Serve
Under SCPA § 1001, the right to serve as administrator follows a statutory order: surviving spouse first, then children, then grandchildren, parents, siblings, and so on. The person with priority files the petition.
Step 2 — File the Petition for Letters of Administration
The proposed administrator files a Petition for Letters of Administration with the Richmond County Surrogate’s Court, along with a certified copy of the death certificate and supporting documents identifying all distributees. The court charges a filing fee that is graduated by the value of the estate (see SCPA § 2402) — we do not quote a figure here because it varies; confirm the current amount with the court or your attorney.
Step 3 — Notify the Distributees
Everyone with an equal or higher right to serve must either sign a waiver and consent or be formally served with a citation directing them to appear. This protects the due-process rights of every heir.
Step 4 — The Court Issues Letters of Administration
Absent any objection, the court issues Letters of Administration, empowering the administrator to act. If urgent action is needed while the petition is pending — for example, to preserve a business or property — the court can grant interim authority (the no-will analog of the Preliminary Letters Testamentary available under SCPA § 1412 in probate cases). Our Surrogate’s Court Guide explains how these court appearances and filings work in practice.
Step 5 — Administer and Distribute the Estate
Once appointed, the administrator’s duties mirror those of an executor: marshal the assets, pay valid debts and taxes, account to the beneficiaries, and distribute what remains according to the EPTL formula. The fiduciary responsibilities are substantial, and personal liability attaches to mistakes — review our guide to Executor and Administrator Duties before you begin.
Small Estates: A Simpler Path
Not every intestate estate requires full administration. If the personal property of the estate is modest, New York offers a streamlined voluntary administration procedure under SCPA Article 13, started with a simple affidavit rather than a full petition. Real property is generally excluded from this small-estate process, so it does not apply when the deceased owned a Staten Island home. If you think the estate may qualify, our Small Estate Affidavit page covers eligibility and how to file.
What About Estate Taxes?
For deaths in 2026, the New York estate tax exclusion is $7,350,000. New York applies a notorious “cliff”: if the estate exceeds 105% of the exclusion — $7,717,500 in 2026 — the exclusion is lost entirely and the whole estate becomes taxable, not just the excess. Most Staten Island estates fall well under this threshold, but high-value estates require careful planning. Always confirm current figures and obligations with counsel.
Why You Should Not Go It Alone
Intestate administration involves strict procedural rules, mandatory notice requirements, fiduciary accounting, and real exposure to family disputes — especially when no will exists to settle expectations. Attorney fees for administration commonly range from $3,000 to $10,000, depending on the estate’s complexity, and that investment routinely prevents far costlier errors and delays. If heirs disagree or someone challenges who should serve, the matter can become a contested proceeding requiring courtroom advocacy.
Frequently Asked Questions
Who decides who inherits if there is no will in Staten Island?
New York law decides. Under EPTL § 4-1.1, assets pass to the closest surviving relatives in a fixed statutory order — spouse and children first — regardless of what the deceased may have wanted or said.
What is the difference between an executor and an administrator?
An executor is named in a will and receives Letters Testamentary. An administrator is appointed by the court when there is no will and receives Letters of Administration. Their duties are largely the same.
Can an unmarried partner inherit if there is no will?
No. Under New York intestacy law, an unmarried partner is not a legal distributee and inherits nothing through the estate, regardless of the length of the relationship.
How long does it take to settle an intestate estate?
An uncontested administration in Richmond County Surrogate’s Court typically takes about 3 to 6 months to issue Letters of Administration, with full settlement often taking longer.
Speak With a Staten Island Probate Attorney
Losing a loved one is hard enough without untangling intestacy law on your own. At Morgan Legal Group, attorney Russel Morgan, Esq. and our team guide Staten Island families through every step of administration in the Richmond County Surrogate’s Court — protecting your rights and the estate’s value.
Schedule your consultation with Russel Morgan, Esq. today and get clear answers about your family’s next steps.
Further reading from Morgan Legal Group: what to ask a probate lawyer before hiring.