Picture a jobsite where no one left a plan for who takes over when the foreperson suddenly disappears: tools, keys, and responsibilities get handed out by a preset chain of command, whether that matches the family's wishes or not. That is how intestate succession works. When someone dies without a valid will, state law decides who inherits the estate. Instead of personal instructions controlling the transfer of property, a fixed order of relatives does.

In New York, that order is set by Estates, Powers and Trusts Law § 4-1.1. A surviving spouse may receive all or part of the estate depending on whether there are children. If there is no spouse, assets usually pass to children, then parents, siblings, and more distant relatives. Unmarried partners, close friends, and many stepchildren usually get nothing under intestate succession unless another legal arrangement exists. The estate still goes through probate in Surrogate's Court, and delays can happen fast if family members disagree.

This can directly affect an injury claim. If the person who died had a pending personal injury case, settlement funds do not just go where the family assumes they should. The proper estate administrator must be appointed, and the intestate heirs may control or share in the recovery. Waiting too long can create fights over authority, missed filing deadlines, or lost leverage with insurers. When no valid plan exists, the clock starts immediately.