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Married partners or civil partners inherit under the rules of intestacy only if they are actually married or in a civil partnership at the time of death. So if you are divorced or if your civil partnership has been legally ended, you cant inherit under the rules of intestacy.
An executor will never be legally forced to pay out to the beneficiaries of a will until one year has passed from the date of death: this is called the executors year.
A will or testament is a legal document that expresses a persons (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution.
Under NY State Law, a spouse, so long as they did not waive their rights in a pre-nuptial, anti-nuptial or other agreement, is entitled to a share of the estate. That share is one half plus $50,000.00 or one third plus $50,000.00, depending on if there are children involved. Subject to changes in the law.
In a family with a surviving spouse and children, the surviving husband or wife inherits the first $50,000 plus half of the remainder of the estate. The children inherit everything else. Children. If the decedent has living children but no spouse, the children inherit everything.
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For a New York resident without a will, a surviving spouse inherits the entire probate estate if there are no children or other descendants. If there are descendants, the surviving spouse gets the first $50,000 and the balance is divided one-half to the spouse and one-half to the decedents descendants.
If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
New York is a separate property state in divorce, but those concepts dont apply to death.
A last will and testament is an estate-planning document that explains and clarifies what you want to happen with your property at the time of your death, among other things. Your will provides all the essential and necessary details of who will inherit your property.
For a New York resident without a will, a surviving spouse inherits the entire probate estate if there are no children or other descendants. If there are descendants, the surviving spouse gets the first $50,000 and the balance is divided one-half to the spouse and one-half to the decedents descendants.

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