If someone dies without a will, then their property goes through an administration proceeding instead of probate. The court will determine the beneficiaries of your estate, regardless of any expressed wishes or intent. Any close family member may ask the court to appoint them the administrator of the estate, with the same duties and responsibilities of the executor in a probate proceeding. If multiple people request to be appointed administrator, this can result in significant loss to the estate as time and money are spent in litigation to determine who the ultimate administrator will be.
Wills Are Better Than Dying Intestate
If you write a will, it clearly establishes who you want to receive your assets and who you want to deal with the administration of your estate. In contrast, if you die without a will, your family may be subject to delays, additional costs and expenses in the intestacy proceeding. In intestacy, the State of New York determines who your beneficiaries are and who will become your administrator. The State of New York does not know what your real intentions were concerning your Estate and who you wanted to Administrate it. Therefore, it is highly recommended you execute a professionally drafted will and ensure you do not die intestate.