• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Career Opportunities
    • Meet Our Team
    • News and Events
    • Seniors Rock Radio
  • Estate Planning
    • Elder Law & Medicaid Planning
    • Estate Planning Services
    • Estate and Gift Tax Figures
    • Family Farm Succession Planning
    • Family-Owned Businesses & Farms
    • IRA Planning
      • Planning With An IRA
      • IRA & Retirement Planning
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law Resources
      • Elder Law Reports
    • Guardianship & Conservatorship
    • Hospice Care
    • Veteran’s Benefits
  • Resources
    • Definitions
    • FREE Estate Planning Worksheet
    • FREE Webinars
    • Estate Administration Legal Guide
    • Estate Planning Articles
      • Questions for Your Estate Planning Attorney Before Creating Your First Estate Plan
      • How to Create Your First Estate Plan in 2022
      • How to Choose a Guardian for Your Child
      • Address These Three Questions in Your First Estate Plan
    • Estate and Gift Tax Figures
    • Frequently Asked Questions
      • Adult Guardianship
      • Alzheimer’s Care
      • Custodial Accounts for Minors
      • Estate Planning
      • FAQs for Families Without an Estate Plan
      • Elder Law
      • IRA & Retirement Planning
      • Is Your Estate Plan Outdated?
      • Legacy Planning
      • LGBTQ Estate Planning
      • Medicare and Social Security
      • Probate
      • Probate Avoidance
      • Irrevocable Trusts
      • Trust Administration
      • Trusts
      • Veterans’ Benefits
      • Wills
    • Newsletters
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Reviews
    • Our Reviews
    • Review Us
  • Medicaid Planning
    • Medicaid Planning
    • Emergency Medicaid & Nursing Home Planning
    • Medicaid Frequently Asked Questions
    • Medicaid Resources
  • Blog
  • Contact Us

Law Office of Michael Robinson, P.C.

Estate Planning Services in Rochester, New York and the Finger Lakes Area

Connect With Us Today

(585) 374-5210
Law Pay Button
Attend a Free Webinar
Home » Probate » What Occurs During Probate if There is No Will?

What Occurs During Probate if There is No Will?

February 28, 2017Probate

What are the rules for probate when there is no will in New York? Answering this question is very important if you are thinking about creating an estate plan or if you do not have an estate plan in place but you want to make certain that your loved ones inherit when you pass away. If someone you care about has died and did not have a will, then it is also important to determine what happens to assets if the deceased person passed away without making his preferences known. probate no will

The Law Office of Michael Robinson, P.C. provides help in making an estate plan so your family is not left to go through the probate process without a plan in place for distribution of assets. Our legal team also provides representation in situations where someone you love has passed away and no advanced plans have been made for the distribution of assets. Give us a call at 585-374-5210 to find out more about how a Rochester, NY probate lawyer can help with the probate no will process.

What are the Rules for Probate No Will in New York?

If you die without a will in New York, the probate process still occurs. The court will appoint someone to serve as administrator, instead of you getting to select who the executor of an estate will be. The administrator is going to oversee the probate process and taking the necessary steps to facilitate the distribution of assets.
Because you will not have made your preferences known regarding who inherits your property, default intestacy law will determine what happens to your wealth. The specifics of exactly who is going to inherit your money and your property under New York intestacy law are going to vary depending upon what living relatives you have. Typically, the law tries to make sure the closest relatives inherit. This can include spouses and children or grandchildren. If you are not married and you don’t have any children or descendants, then intestacy law will dictate that the property you have left behind passes on to your parents, to siblings, or to other close relatives.
Intestacy law sets up a default determination for who inherits when you have not made plans for the distribution of your assets. You will lose control regarding who gets your property, and the division of your assets to heirs may not occur in the way you would have preferred. You should make a last will and testament or other estate plan so your assets can be distributed according to your preferences.

How to Make Sure Intestacy Laws Don’t Control the Transfer of Your Assets

You do not want intestacy law to determine what happens to the wealth that you have left for your loved ones. Failure to make an estate plan can make the probate process take longer, and can result in the probate process being much more expensive- especially if your family ends up fighting over assets.
You could be responsible for causing chaos and family fighting and the value of your assets could be reduced if they are not managed properly during the probate process or after your death. Your loved ones could experience a lengthy delay in inheriting and your assets may not be distributed in your preferred way. Without a plan, your assets could also be lost due to estate tax.
You do not want any of these undesirable consequences to occur so you should make an estate plan that, at a minimum, includes a last will and testament. You should also think about working with an estate planning lawyer to use other tools like trusts for asset protection and pay-on-death accounts or joint ownership to make it faster and easier for your heirs to inherit money when you are gone. If you work with an experienced attorney, your loved ones will not have to worry about probate if there is no will.

Getting Help from A Rochester, NY Probate Lawyer

The Law Office of Michael Robinson, P.C. can provide invaluable assistance with taking control over how your assets transfer so your family does not have to cope with the probate no will process. We will work with you to make a comprehensive estate plan so you can determine what happens to your property using a last will and testament and other estate planning tools.

To find out about what you can include in your estate plan, download our free estate planning worksheet. You can also give us a call at 585-374-5210 or contact us online to get personalized advice on making your comprehensive estate plan. Our legal team also represents families going through the probate process with or without a will, so give us a call for help with this process.

  • Author
  • Recent Posts
Michael Robinson, Estate Planning Attorney
Michael Robinson, Estate Planning Attorney
Clients notice Michael Robinson’s unique approach to his estate planning practice the minute they walk through his office doors.
Michael Robinson, Estate Planning Attorney
Latest posts by Michael Robinson, Estate Planning Attorney (see all)
  • How Estate Planning for a Family May Trap the Unwary Practitioner - August 31, 2022
  • State Income Taxation of Social Security Benefits - August 24, 2022
  • Understanding Tax Apportionment Clauses - August 17, 2022

Other Articles You May Find Useful

probate
Can Probate Be Avoided?
probate
What Is the Cost of Probate?
probate
How Can You Avoid Probate?
avoiding probate
Is Avoiding Probate Possible if You Have Assets to Pass On?
probate
Answers to Three Questions About Probate
probate when a spouse dies
Is Probate Necessary When a Spouse Dies?

Primary Sidebar

Law Office of Michael Robinson, P.C.

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

TESTIMONIALS

News & Events

Seniors Rock Radio Show Recording 5-1-21

https://drive.google.com/file/d/1U7UkQbEGy-xY7XFAXvX9Qz7pKSVDVV3D/view?usp=drive_web   Author Recent Posts Michael Robinson, Estate Planning AttorneyClients notice Michael Robinson’s unique approach to his estate planning practice the minute they walk through his office doors. Latest posts by Michael Robinson, Estate Planning Attorney (see all) How Estate Planning for a Family May Trap the Unwary Practitioner -... Read more →

Pittsford Office

1163 Pittsford-Victor Road, Suite 120 (Powder Mill Office Park)
Pittsford, NY 14534-3817
Phone: (585) 374-5210
Fax: (585) 485-0394

See Larger Map Get Directions

Map

mrobinson_sidbr_map

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
robinson law logo

The Law Office of Michael Robinson, P.C.

Attorney Advertisement


© 2023 American Academy of Estate Planning Attorneys, Inc.