What Happens If Someone Dies Without a Will and Owns Real Estate in New York?

When someone passes away in New York without a will and their only major asset is real estate, families often wonder: “Do we really need to go through the whole court process just to keep the family home?” Sometimes, the answer is no. In certain cases, an “heirs-at-law deed” can help transfer the property without full court administration, but this option is only available in limited situations and not all title companies will approve it to insure title for the new buyer.

Estate Administration and the Heirs-at-Law Deed

If there’s no will, the Surrogate’s Court usually steps in to appoint a family member to handle the estate. This process is called administration, and it gives someone the legal authority to manage and distribute the deceased person’s assets according to New York law.  Without a will, New York law dictates who inherits.  For example, in a case where a person dies with children and no spouse then the entire estate goes to the children.

Another specific law Under Surrogate’s Court Procedures Act Article 19, says that real property becomes the property of the heirs immediately at the owner’s date of death.  If real estate is the only asset, you might not need to go through the full court administration process. An “heirs-at-law deed” is a legal document that can transfer the property to the rightful heirs, as long as everyone agrees and provides the necessary proof. This shortcut only works in simple cases where all heirs cooperate.

Will a Title Company Insure an Heirs-at-Law Deed?

To sell, gift, or inherit property, you need a deed that proves ownership.  For legal purposes, the deed is the instrument to transfer ownership of a house.  However, just having a deed isn’t enough.  Buyers need to use a title company to insure that if a deal goes wrong, insurance will reimburse them for the money they paid for the house.  In order for a title company to offer this protection, the company must make sure the sellers truly own the property and that there are no hidden issues, such as unpaid taxes or disputes over ownership.

Common issues that can affect the title include:

• Disagreements over who owns the property

• Inability to find an heir or lack of cooperation from an heir

• Inability to establish heirship: Title companies typically require two disinterested individuals, with no inheritance rights, to sign an affidavit attesting to their acquaintance with the deceased and identifying the surviving family members.

If everything checks out, a title company might insure the property based on an heirs-at-law deed. But if there are any doubts or paperwork problems, they may require you to go through the full court process before insuring the property.

Take the Next Step

Are you facing questions about transferring real estate after a loved one’s passing in New York? Don’t navigate these complex rules alone. Call us today to discuss your options and find the best path forward for your family. Getting professional advice can save you time, money, and stress down the road.

Contact us  for a consultation today.

About the Author

Leslie has been practicing law since 2009 and is the host of the estate planning podcast 'Legacy Purse'. She has a long history of representing family members struggling to inherit property and/or wealth from deceased family members through the Probate Courts. Knowing how time-consuming and expensive the probate process is, Leslie takes great pride in helping her clients learn how to plan and protect their families during their lives so they can avoid the probate court process and save their loved ones that additional grief (and expense).

Co-Authored By: Elior Matayev