When someone dies without a will in Buffalo, New York, their estate does not go to the state and it does not simply disappear into legal limbo. Instead, it passes through a court-supervised process called administration, governed by New York’s intestacy laws, and it is handled by the Erie County Surrogate’s Court. Because there is no will naming an executor, the court appoints an administrator and issues Letters of Administration authorizing that person to collect assets, pay debts and taxes, and distribute what remains to the deceased person’s legal heirs in a fixed order set by statute. In short, the law writes a “will” for the person who failed to write one — and that statutory plan rarely matches what a family expected.
Dying without a valid will is known as dying intestate. The rules that decide who inherits, who manages the estate, and in what shares are found in New York’s Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). Below, we explain exactly how this works for Buffalo and Erie County families.
Intestate Succession in New York: Who Inherits?
When there is no will, EPTL § 4-1.1 controls who receives the estate. The decedent’s wishes, verbal promises, or informal notes carry no legal weight — only the statute does. The distribution depends entirely on which relatives survive.
| Surviving Relatives | Who Inherits Under EPTL § 4-1.1 |
|---|---|
| Spouse, no children | Spouse inherits the entire estate |
| Spouse and children | Spouse receives the first $50,000 plus one-half of the balance; children share the remaining one-half equally |
| Children, no spouse | Children inherit everything in equal shares |
| No spouse or children | Parents inherit; if none, then siblings, then more distant relatives |
| No surviving relatives at all | The estate “escheats” (passes) to the State of New York |
A few points frequently surprise Buffalo families:
- Unmarried partners inherit nothing under intestacy, no matter how long the relationship lasted.
- Stepchildren who were never legally adopted inherit nothing.
- Adopted children inherit fully, exactly as biological children do.
- The statutory split between a spouse and children is automatic — a surviving spouse does not simply receive everything when there are children.
To learn how the broader court process fits together, see our Probate Overview and our detailed Surrogate’s Court Guide.
How the Administration Process Works in Erie County
While a will-based case uses probate and Letters Testamentary under SCPA § 1414, an intestate estate uses administration and Letters of Administration. The mechanics are similar, but the petitioner is different and the priority to serve is set by statute rather than by a will.
Step-by-step in the Erie County Surrogate’s Court
- Determine who may petition. Under SCPA § 1001, the right to serve as administrator follows a priority order — surviving spouse first, then children, then grandchildren, then parents, then siblings, and so on.
- File the petition. The proposed administrator files a Petition for Letters of Administration with the Erie County Surrogate’s Court, together with a certified death certificate and information identifying all of the decedent’s distributees (legal heirs).
- Obtain jurisdiction over the heirs. All distributees with equal or higher priority must either sign a waiver and consent or be served with a citation to appear.
- Post a bond if required. Unlike many will-based cases, intestate administrators are often required to file a surety bond to protect the heirs, unless the heirs waive it.
- Letters of Administration issue. Once the court is satisfied, it issues Letters granting authority to act for the estate.
- Administer and distribute. The administrator collects assets, pays valid debts and taxes, and distributes the balance strictly according to EPTL § 4-1.1.
If immediate action is needed before full Letters can issue — for example, to secure property or preserve a business — the court can grant interim authority. In will cases this comes via Preliminary Letters Testamentary under SCPA § 1412; in intestate cases the court can appoint a temporary administrator to act while the matter is pending.
The duties of the person the court appoints are substantial. Our guide to Executor Duties explains the same fiduciary obligations that an administrator must meet — collecting assets prudently, keeping records, and acting in the heirs’ best interest.
Timeline and Costs
For an uncontested estate, administration in the Erie County Surrogate’s Court typically takes about three to six months from filing to the issuance of Letters, though complex estates or disagreements among heirs can extend this considerably.
- Attorney’s fees for handling an estate generally range from roughly $3,000 to $10,000, depending on the estate’s size and complexity.
- The court filing fee is graduated by the value of the estate under SCPA § 2402 — it is not a flat amount. Always confirm the current fee with the court or your attorney before filing.
When heirs disagree about who should serve, who the rightful distributees are, or how assets should be valued, the case can become adversarial. Our Contested Probate page explains how those disputes are resolved.
Small Estates: A Faster Path
Not every intestate estate requires full administration. New York offers a streamlined alternative called voluntary administration under SCPA Article 13. This affidavit-based procedure is available for smaller estates of personal property and avoids the longer, more formal process. Note that real property is generally excluded from the Article 13 procedure, so a Buffalo home owned solely by the decedent usually cannot be transferred this way.
You can read more on our Small Estate Affidavit page to see whether your situation may qualify.
What About Estate Taxes?
Most Buffalo families will owe no New York estate tax. For 2026, the New York estate tax exclusion is $7,350,000. However, New York applies a so-called “cliff”: estates that exceed 105% of the exclusion — $7,717,500 in 2026 — lose the benefit of the exclusion entirely and are taxed on the full value of the estate. Estates near that threshold should obtain careful planning advice.
Frequently Asked Questions
Q: If my spouse died without a will in Buffalo, do I automatically inherit everything?
A: Only if there are no surviving children. If your spouse left children, you receive the first $50,000 plus half of the remaining estate, and the children share the other half, under EPTL § 4-1.1.
Q: Who can be appointed administrator when there is no will?
A: The right to serve follows the priority order in SCPA § 1001 — typically the surviving spouse first, then children, then other relatives. The chosen person files for Letters of Administration in the Erie County Surrogate’s Court.
Q: Can an unmarried partner inherit if there’s no will?
A: No. New York intestacy law does not recognize unmarried partners as heirs. Without a will, a long-term partner inherits nothing — which is one of the strongest reasons to create an estate plan.
Q: How long does intestate administration take in Erie County?
A: An uncontested estate usually takes about three to six months from filing to the issuance of Letters of Administration, though disputes among heirs or complex assets can lengthen the process.
Speak With a Buffalo Probate Attorney
Losing a loved one is hard enough without untangling New York’s intestacy rules on your own. The attorneys at Morgan Legal Group, led by Russel Morgan, Esq., guide Buffalo and Erie County families through every step of administration in the Surrogate’s Court — from petitioning for Letters to distributing assets correctly under the law.
Schedule a confidential consultation today: https://calendly.com/russel-morgan/30min
Further reading from Morgan Legal Group: ways to keep an estate out of probate.