If my father died without a Will and there are 3 children, how is the estate divided?

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If my father died without a Will and there are 3 children, how is the estate divided?

Asked on January 18, 2016 under Estate Planning, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In the case when a person dies without a Will (i.e. "intestate"), their estate is divided according to the laws of the state in which there were domiciled at their death. Typically , it is distributed 1/2-1/3 to the surving spouse,, if any and the remainder to their children. If they died unmarried, then their estate passes to their children, in equal shares.
Right now probate will need to be opened or possibly an small estate administration can be filed. Check with a probate attorney in the area or contact the county probate court for further information.


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