Legal Question in Wills and Trusts in New York

Because your aunt died intestate (without a will), the probate court will administer her assets following New York Probate law. Generally this means that an administrator or administratrix will be named and will distribute her assets according to law to her immediate relatives. ,The Administrator will be, in order of preference, the spouse, the children, the grandchildren, the father or mother, the brother or sisters. The Administration proceeding is begun by filing an Administration petition with the Surrogate�s Court in the county in which the decedent resided. After jurisdiction has been completed and all issues have been addressed, the Court will issue Letters of Administration. This document gives the appointed Administrator the authority to act on behalf of the estate.

The Administrator will pay all debts, collect and liquidate the assets of the estate, and make the distribution of assets according to the laws of intestacy. The law governs how the estate is distributed. Please see the following applicable laws for reference.

NY SCPA 1001 Order of Priority for Granting Letters of Administration

NY EPTL 4-1.1 Descent and Distribution of a Decedent's Estate

Your aunt collects it all absent a valid will providing otherwise. The order of intestate succession is as follows:

The property of a decedent not disposed of by will shall be

distributed as provided in this section. In computing said distribution,

debts, administration expenses and reasonable funeral expenses shall be

deducted but all estate taxes shall be disregarded, except that nothing

contained herein relieves a distributee from contributing to all such

taxes the amounts apportioned against him or her under 2-1.8.

Distribution shall then be as follows:

(a) If a decedent is survived by:

(1) A spouse and issue, fifty thousand dollars and one-half of the

residue to the spouse, and the balance thereof to the issue by

representation.

(2) A spouse and no issue, the whole to the spouse.

(3) Issue and no spouse, the whole to the issue, by representation.

(4) One or both parents, and no spouse and no issue, the whole to the

surviving parent or parents.

I agree with both authors - if a person dies intestate (without a Will) the statutes of the State of residence detail how and to whom and in what order of priority the decedent's estate is distributed.