If someone dies without a will in Rochester, New York’s intestacy statutes — not the deceased person’s wishes — decide who inherits the estate, and the Monroe County Surrogate’s Court appoints a family member to manage and distribute it. When there is no valid will, a person is said to have died “intestate.” Instead of a will-based probate proceeding, the estate goes through administration, governed by the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). The court issues Letters of Administration to a qualified relative, who then steps into a role similar to an executor: collecting assets, paying debts and taxes, and distributing what remains to the legal heirs (called “distributees”) in the exact order New York law prescribes. This article explains how that process unfolds in Rochester and Monroe County, who inherits, how long it takes, and what it costs.
Probate vs. Administration: The Key Difference
When a Rochester resident dies with a valid will, the named executor petitions the Surrogate’s Court for Letters Testamentary under SCPA §1414, and the court validates the will before authorizing distribution. You can read more about that path on our Probate Overview page.
When a person dies without a will, there is nothing to validate. Instead, the court oversees an administration proceeding. The substance is similar — assets are gathered, creditors are paid, heirs receive their shares — but two things change dramatically:
- The court, not the deceased, chooses the fiduciary. New York’s SCPA sets a priority list of who may serve as administrator.
- The state’s intestacy formula, not the deceased’s instructions, decides who inherits. No one can “ask for more” than the statute allows.
This is why estate planning attorneys so often warn against dying intestate: a thoughtful person’s actual wishes become legally irrelevant.
Who Inherits Under New York Intestacy Law (EPTL §4-1.1)
New York’s distribution rules for intestate estates are found in EPTL §4-1.1. The statute applies identically in Rochester, Monroe County, and across the state. Here is how the estate is divided depending on who survives the decedent:
| Who Survives | Who Inherits |
|---|---|
| Spouse and no children | Spouse takes the entire estate |
| Spouse and children | Spouse takes the first $50,000 plus one-half of the remainder; children share the other half equally |
| Children but no spouse | Children inherit everything, in equal shares |
| Parents but no spouse or children | Surviving parents inherit everything |
| Siblings only | Siblings (and the children of deceased siblings) inherit |
| No surviving relatives | The estate “escheats” to the State of New York |
A few points often surprise Rochester families:
- Unmarried partners inherit nothing under intestacy, no matter how long the relationship lasted.
- Stepchildren who were never legally adopted inherit nothing.
- A “spouse” can be disqualified — for example, by abandonment — under EPTL §5-1.2, which can change the entire distribution.
Because these rules are rigid, the outcome is frequently not what the family expected or what the deceased would have wanted.
How Administration Works in Monroe County Surrogate’s Court
The proceeding for an intestate Rochester estate is filed with the Monroe County Surrogate’s Court. Our Surrogate’s Court Guide walks through court procedure in detail, but here is the core sequence for an estate with no will:
Step 1 — Petition for Letters of Administration
A distributee with priority files a Petition for Letters of Administration, along with a certified copy of the death certificate. SCPA §1001 sets the order of priority for who may serve. The usual order is:
- Surviving spouse
- Children
- Grandchildren
- Parents
- Siblings
Step 2 — Jurisdiction Over the Distributees
Every distributee with equal or higher priority must either sign a waiver and consent or be served with a citation directing them to appear. Just as in a will-based case, the court must have jurisdiction over everyone with a legal interest before it can act.
Step 3 — The Court Issues Letters of Administration
If no one objects, the court signs a decree and issues Letters of Administration. These letters are the administrator’s proof of authority — the document banks and institutions require before releasing the decedent’s assets.
Step 4 — Administering the Estate
The administrator’s duties closely mirror an executor’s, which we describe on our Executor Duties page. The administrator must:
- Identify, secure, and value all estate assets
- Notify and pay valid creditors
- File final income tax returns and any estate tax return
- Distribute the remaining property to distributees per EPTL §4-1.1
Note on interim authority: When a will exists but probate is delayed, a court can grant Preliminary Letters Testamentary under SCPA §1412 so the named executor can begin urgent tasks. In an intestate matter, the court can similarly grant Temporary Letters of Administration when immediate action is needed before full letters issue.
Timeline and Cost
For an uncontested intestate estate in Rochester, expect the administration to take roughly three to six months from filing to the issuance of letters, with full distribution following once debts and taxes are settled. Contested matters — for example, a dispute over who should serve as administrator — can take significantly longer; see our Contested Probate page.
Attorney fees for a straightforward administration typically range from about $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 — we do not quote a fixed number here because it changes with estate value, and you should confirm the current fee with the court or your attorney.
Small Estates: A Faster Path
If the decedent’s personal property is modest, the family may avoid full administration entirely. Under SCPA Article 13, a voluntary administration (often called a “small estate proceeding”) lets a relative file a simple affidavit to collect and distribute assets. Note that real property is generally excluded from this process. Learn more on our Small Estate Affidavit page.
A Note on New York Estate Tax
Most Rochester estates owe no New York estate tax. For 2026, the New York estate tax exclusion is $7,350,000. New York applies a “cliff”: if an estate exceeds 105% of the exclusion — $7,717,500 — the exemption is lost entirely and the whole estate becomes taxable. These thresholds apply regardless of whether the person died with or without a will. Always confirm current figures with a qualified attorney or the New York State Department of Taxation and Finance.
Frequently Asked Questions
Q: If my parent died without a will, do I automatically become the administrator?
A: Not automatically. A surviving spouse has first priority under SCPA §1001; children come next. If there is no spouse, the children may petition, but all distributees of equal priority must consent or be cited before the court appoints anyone.
Q: Can an unmarried partner inherit if there’s no will in Rochester?
A: No. Under EPTL §4-1.1, only legally recognized relatives — spouse, children, parents, siblings, and so on — inherit through intestacy. An unmarried partner receives nothing unless named on a beneficiary designation or joint account.
Q: How long does it take to get Letters of Administration in Monroe County?
A: An uncontested administration generally takes about three to six months to reach the issuance of letters, though timing depends on how quickly distributees sign waivers and how complete the petition is.
Q: What if the estate is very small?
A: You may qualify for a voluntary administration under SCPA Article 13, a streamlined affidavit-based process. Real property is generally excluded, so it works best for modest personal-property estates.
Speak With a Rochester Probate Attorney
Dying without a will doesn’t have to leave your family in chaos — but it does mean the law, not your loved one, controls the outcome. If you’re facing an intestate estate in Rochester or anywhere in Monroe County, the attorneys at Morgan Legal Group can guide you through the administration process, secure your Letters of Administration efficiently, and make sure the estate is distributed correctly.
Schedule a consultation with Russel Morgan, Esq. today: https://calendly.com/russel-morgan/30min
Further reading from Morgan Legal Group: ways to keep an estate out of probate.