When someone dies without a will in Buffalo, New York, their estate does not simply pass to whomever the family chooses. Instead, the estate is settled through a court-supervised process called administration, and New York’s intestacy statute decides who inherits. The matter is handled by the Erie County Surrogate’s Court, which appoints an administrator (rather than an executor) to collect assets, pay debts and taxes, and distribute what remains to the deceased person’s legal heirs in the exact shares set by EPTL § 4-1.1. In short: the State of New York writes the will for you when you fail to write one yourself, and the people you might have wanted to provide for may receive nothing while others inherit by operation of law.
Dying without a valid will is known as dying intestate. The rules that follow are rigid, they ignore your personal wishes, and they often produce results that surprise grieving families. Below, we explain exactly how intestate administration works in Buffalo and Erie County, who inherits, and why working with an experienced probate attorney matters.
Intestate vs. Testate: The Core Difference
When a person dies testate (with a valid will), the will names an executor, and the Surrogate’s Court validates the document and issues Letters Testamentary under SCPA § 1414, giving the executor authority to act.
When a person dies intestate (without a will), there is no document to validate and no nominated executor. Instead, the court issues Letters of Administration, appointing an administrator chosen according to a statutory priority list under SCPA § 1001. The practical consequences are significant:
- You do not choose your heirs. New York’s intestacy formula (EPTL § 4-1.1) controls distribution.
- You do not choose who administers the estate. The court follows a priority order, usually starting with the surviving spouse.
- Distributees must be identified and given notice. Everyone who would inherit under intestacy has legal standing in the proceeding.
For a broader look at how estate settlement works in New York, see our Probate Overview.
Who Inherits Under New York Intestacy Law?
The heart of intestacy is EPTL § 4-1.1, which dictates the share each surviving relative receives. The chart below summarizes the most common scenarios for a Buffalo resident who dies without a will.
| Surviving Relatives | Who Inherits |
|---|---|
| Spouse and no children (issue) | Spouse inherits everything |
| Spouse and children | Spouse gets the first $50,000 plus one-half of the balance; children share the remaining one-half |
| Children but no spouse | Children inherit everything, in equal shares |
| Parents but no spouse or children | Parents inherit everything |
| Siblings but no spouse, children, or parents | Siblings inherit everything |
| No surviving close relatives | More distant relatives inherit; if none exist, the estate may eventually escheat to the State of New York |
A few points that frequently catch families off guard:
- Unmarried partners inherit nothing under intestacy, no matter how long the relationship lasted.
- Stepchildren you never legally adopted inherit nothing.
- The “first $50,000” rule means the spouse’s share is not automatically the whole estate when there are children.
- Adopted children are treated as biological children, while children given up for adoption generally lose intestate rights in their birth family.
Because these outcomes are fixed by statute, no amount of “everyone agrees Mom wanted it this way” changes the legal result without a formal, documented settlement.
How Administration Works in Erie County Surrogate’s Court
The intestate process mirrors probate in many respects but with important differences. The general path in Buffalo looks like this:
1. File a Petition for Letters of Administration
A distributee with priority under SCPA § 1001 files a petition with the Erie County Surrogate’s Court, along with a certified death certificate and information identifying all of the decedent’s distributees. The court charges a graduated filing fee based on the size of the estate under SCPA § 2402; the exact amount depends on estate value, so confirm the current fee with the court or your attorney rather than relying on a flat number.
2. Establish Priority and Obtain Consents
When more than one person could serve, those with equal or higher priority must consent or be cited. The surviving spouse has first priority, followed by children, grandchildren, parents, and so on. Disputes over who serves are common and are one reason intestate estates often take longer than estates with a clear, will-named executor. Learn more about the court process in our Surrogate’s Court Guide.
3. Post a Bond (When Required)
Unlike a will, which often waives a bond, intestate administrators are frequently required to post a surety bond to protect the estate’s beneficiaries and creditors. This is an added cost and step that a will could have eliminated.
4. Receive Letters and Administer the Estate
Once Letters of Administration issue, the administrator’s duties closely track those of an executor: marshal assets, notify and pay valid creditors, file final income and any estate tax returns, and distribute the remainder per EPTL § 4-1.1. These responsibilities are explored in detail on our Executor Duties page, which applies in large part to administrators as well.
If an estate is small and consists mostly of personal property, the family may avoid full administration through voluntary administration under SCPA Article 13 (a small-estate affidavit procedure). Real property is generally excluded from this streamlined process. See our Small Estate Affidavit guide to see whether it may apply.
Timeline and Cost
An uncontested intestate administration typically takes about three to six months from filing to the issuance of Letters, with distribution following after debts, taxes, and any waiting periods. Estates with missing heirs, minor beneficiaries, contested appointments, or real property can take considerably longer.
Attorney fees for handling an estate in New York commonly range from roughly $3,000 to $10,000, depending on complexity, asset types, and whether disputes arise. Where heirs disagree, costs rise. Because there is no will to validate, intestate matters do not involve a will contest, but they can still become contested over who serves as administrator or how distributees are identified.
A note on taxes: for deaths in 2026, New York’s estate tax exclusion is $7,350,000. New York applies a “cliff,” so an estate that exceeds 105% of the exclusion ($7,717,500) loses the benefit of the exclusion entirely and is taxed on the full value. Most families fall well below these thresholds, but high-net-worth Buffalo estates should plan carefully. You can review current figures at the New York State Department of Taxation and Finance.
Why an Attorney Matters When There Is No Will
Intestate administration is procedural and unforgiving. A misidentified distributee, a missing consent, or an overlooked bond requirement can stall the case for months. An experienced probate attorney:
- Confirms the correct order of distributees and gathers required consents or citations.
- Prepares an accurate petition and supporting documents for the Erie County Surrogate’s Court.
- Helps secure and, when possible, minimize the surety bond.
- Guides the administrator through creditor claims, tax filings, and distribution to avoid personal liability.
If heirs are already in conflict, our Contested Probate resources explain how disputes are resolved.
Frequently Asked Questions
Q: Does my spouse automatically inherit everything if I die without a will in Buffalo?
A: Only if you have no children. If you leave a spouse and children, your spouse receives the first $50,000 plus half of the remaining estate, and your children share the other half under EPTL § 4-1.1.
Q: Who can be appointed administrator of an intestate estate?
A: New York sets a priority order under SCPA § 1001, generally beginning with the surviving spouse, then children, grandchildren, and parents. Those with equal priority must consent or be cited before the court appoints someone.
Q: Can my unmarried partner inherit if I die without a will?
A: No. Intestacy law recognizes only legal relationships such as marriage, biological and adopted children, and other blood relatives. An unmarried partner inherits nothing unless named in a valid will or beneficiary designation.
Q: How long does intestate administration take in Erie County?
A: An uncontested administration generally takes about three to six months to obtain Letters of Administration, though disputes over the administrator, missing heirs, or real property can extend the timeline significantly.
Speak With a Buffalo Probate Attorney
Dying without a will leaves your loved ones at the mercy of a rigid statute and a court process they did not anticipate. Whether you are administering an intestate estate in Erie County or want to create a will so your family never faces this uncertainty, Morgan Legal Group can help.
Schedule a consultation with Russel Morgan, Esq. to discuss your situation and protect your family’s future.
Book your 30-minute consultation with Russel Morgan, Esq.
Further reading from Morgan Legal Group: what to ask a probate lawyer before hiring.