When someone dies without a valid will in Long Island, their estate is settled under New York’s intestacy laws, and the Nassau County Surrogate’s Court appoints a relative to act as the estate’s administrator rather than honoring any private wishes the person may have expressed. In plain terms: the State of New York writes the “will” for you. The Estates, Powers and Trusts Law (EPTL) dictates exactly who inherits and in what shares, while the Surrogate’s Court Procedure Act (SCPA) governs the court process used to grant legal authority over the estate. This is true whether the decedent lived in Garden City, Hempstead, Massapequa, or anywhere else in Nassau County — the matter is heard in the Nassau County Surrogate’s Court because that is the county of the decedent’s domicile.
Dying without a will is called dying intestate. It does not mean the estate goes to the State (a common fear), and it does not mean the family loses everything. It does mean the family loses control over who manages the estate and who receives the assets, because those answers are fixed by statute. Below, we walk through who inherits, how the court appoints someone to act, and how the process differs from a standard probate with a will.
Intestate vs. Testate: Why the Difference Matters
When there is a valid will, the process is called probate. The court validates the will, appoints the named executor, and issues Letters Testamentary as proof of authority under SCPA §1414. When there is no will, the process is called administration. There is no will to validate and no executor named, so the court must instead appoint an administrator and issue Letters of Administration.
| With a Will (Testate) | Without a Will (Intestate) | |
|---|---|---|
| Court process | Probate | Administration |
| Person in charge | Executor (named in will) | Administrator (chosen by statute priority) |
| Authority document | Letters Testamentary | Letters of Administration |
| Who inherits | As written in the will | Fixed by EPTL §4-1.1 |
| Governing law | SCPA + EPTL | SCPA + EPTL |
For a fuller walkthrough of how the will-based path works, see our Probate Overview and our guide to Executor Duties. The administration path shares many of the same mechanics, with the key differences described here.
Who Inherits When There Is No Will in New York?
New York’s intestacy distribution scheme is set out in EPTL §4-1.1. The shares depend entirely on which relatives survive the decedent. The most common scenarios for a Nassau County family are:
- Spouse and children survive: The spouse receives the first $50,000 plus one-half of the remaining estate. The children share the other half equally.
- Spouse and no children: The spouse inherits the entire estate.
- Children and no spouse: The children inherit everything, divided equally (with a deceased child’s share passing to that child’s own descendants, by representation).
- No spouse and no children: The estate passes to the decedent’s parents; if no parents, to siblings and their descendants; and so on down the statutory line to more remote relatives.
A few points routinely surprise Long Island families:
- Unmarried partners inherit nothing under intestacy, no matter how long the relationship lasted.
- Stepchildren inherit nothing unless they were legally adopted.
- “Children” includes legally adopted children and (in most cases) children born outside of marriage where paternity is established, but generally not foster children.
Because these rules are rigid, a person who wanted to provide for a partner, a friend, a charity, or a non-relative is simply out of luck once they have died intestate. The statute does not bend.
How the Nassau County Surrogate’s Court Appoints an Administrator
When there is no will, someone must petition the Nassau County Surrogate’s Court for Letters of Administration. Here is the typical sequence:
- Determine who has priority to serve. SCPA §1001 sets the order: the surviving spouse first, then children, then grandchildren, then parents, then siblings, and so on. A more distant relative cannot leapfrog a closer one without that closer relative’s consent or a renunciation.
- File the petition. The proposed administrator files a Petition for Letters of Administration along with a certified death certificate and a list of the decedent’s distributees (heirs at law).
- Obtain jurisdiction over the other distributees. Every person with equal or higher priority must either sign a waiver and consent or be served with a citation directing them to appear. This protects the rights of all heirs.
- The court issues Letters of Administration. Once jurisdiction is complete and the court is satisfied, it appoints the administrator. The court frequently requires the administrator to post a bond to protect the estate’s beneficiaries — a step rarely needed for an executor, because wills usually waive the bond.
- The administrator settles the estate: marshaling assets, paying valid debts and taxes, and distributing what remains strictly according to EPTL §4-1.1.
For deeper detail on filing mechanics, citations, and the court’s role, see our Surrogate’s Court Guide.
Note on Letters issuing under SCPA §1414: That section governs the issuance of Letters Testamentary in a will-based probate. In an intestate administration, the comparable authority document is Letters of Administration. In urgent will cases where probate is delayed, a court may grant Preliminary Letters Testamentary under SCPA §1412 — but that is a will-specific tool and does not apply when there is no will at all.
The Bond Requirement Is a Real Difference
Because no will exists to express trust in the person serving, the Surrogate’s Court will often require an administrator to obtain a surety bond. The cost is tied to the value of the estate, and the requirement can sometimes be reduced or waived if all distributees consent in writing. This is one of the practical reasons families regret the absence of a will — it adds cost and friction that a properly drafted will avoids.
Costs, Timeline, and the Small-Estate Shortcut
An uncontested administration in Nassau County generally takes about 3 to 6 months, though estates with hard-to-locate heirs, disputes over who should serve, or bond complications can run longer. Attorney fees for an administration typically fall in the $3,000–$10,000 range depending on complexity. The court filing fee is graduated by the size of the estate under SCPA §2402 — we do not quote a fixed figure here because the amount depends on estate value; confirm the current fee with the court or your attorney.
For smaller estates, New York offers a faster, less expensive path. Under SCPA Article 13 (voluntary administration), if the decedent’s personal property is modest, a distributee can file an affidavit to collect and distribute assets without a full administration proceeding. Note that real property is generally excluded from this small-estate process — so a Nassau County home almost always pushes the matter into a full administration. Our Small Estate Affidavit page explains who qualifies and how to file.
A word on estate taxes: for 2026, the New York basic exclusion amount is $7,350,000. New York also imposes a “cliff” — if the taxable estate exceeds 105% of the exclusion ($7,717,500), the exclusion is lost entirely and the whole estate becomes taxable, not just the excess. Most Long Island estates fall well below this threshold, but high-value estates should plan carefully.
What Can Go Wrong Without a Will
- Family conflict over who serves. When several children have equal priority under SCPA §1001, disagreements about who should be administrator are common and can delay the entire estate. Disputes can escalate into contested proceedings.
- Unintended heirs. Estranged relatives may inherit while close friends or partners receive nothing.
- Minor children’s inheritance is locked up. Funds passing to a minor are typically held under court supervision until age 18, with no flexibility for education or care timing.
- Higher cost and delay from bonds, citations, and kinship questions.
Frequently Asked Questions
Does the State of New York take the property if there is no will?
Almost never. The estate “escheats” to the State only if there are truly no surviving relatives anywhere in the statutory line of EPTL §4-1.1. As long as any qualifying relative exists, they inherit.
Who can be the administrator in Nassau County?
The person with the highest statutory priority under SCPA §1001 — typically the surviving spouse, then adult children. Others can serve only if higher-priority relatives consent or renounce.
Is administration faster than probate?
Not necessarily. Both run roughly 3–6 months when uncontested. Administration can actually take longer if heirs are hard to identify or if there are disputes over who should serve.
Can we avoid all of this in the future?
Yes. A valid, properly executed will (or a trust) lets you choose your own executor, name your own beneficiaries, and often waive the bond — sparing your family the rigidity of intestacy.
Talk to a Nassau County Estate Attorney
If a loved one has died without a will, the rules above determine your rights — but applying them correctly to a real Nassau County estate takes experience with the Surrogate’s Court. Russel Morgan, Esq. and the team at Morgan Legal Group guide Long Island families through administration, kinship proof, bonds, and distribution, and we help those who still have time put a will or trust in place to avoid intestacy altogether.
Schedule a consultation today: https://calendly.com/russel-morgan/30min
Further reading from Morgan Legal Group: ways to keep an estate out of probate.