New York — How to Identify Heirs and Determine Property Ownership After a Relative Dies

Overview

If a close relative died and you need to determine who the rightful heirs are and who now owns their real property, start with basic records and the court process. In New York, ownership depends on whether the decedent left a valid will and on how the property was titled. This article explains the practical steps to locate heirs, how property transfers after death, and where to look for official records.

Disclaimer

This information is educational only and is not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed New York attorney.

Detailed answer: step-by-step guide

1. Confirm whether the person left a will

Look for a will among the decedent’s personal papers, safe-deposit boxes, email, or with their attorney. A valid will typically names an executor and lists beneficiaries who inherit property. If you find a will, the executor should present it to the Surrogate’s Court in the county where the decedent lived to open probate.

2. Search probate records at Surrogate’s Court

Whether or not you find a will, check the Surrogate’s Court in the county where the decedent lived. If someone filed a probate or administration petition, the court file will show whether an executor or administrator was appointed and who the named heirs or distributees are. Surrogate’s Courts handle wills, probate, and administration of intestate estates in New York. For general information about Surrogate’s Courts and procedures, see the New York State Unified Court System: https://www.nycourts.gov/courts/surrogates/.

3. If there is no will: New York intestacy rules

If the decedent died without a valid will (intestate), New York law determines who inherits. The rules prioritize a surviving spouse and descendants, then parents, siblings, and more remote relatives. The statutory distribution scheme is in the Estates, Powers & Trusts Law (EPTL). See EPTL §4-1.1 for the basic intestacy allocation: https://www.nysenate.gov/legislation/laws/EPT/4-1.1. The Surrogate’s Court appoints an administrator to manage the estate and distribute assets under those rules.

4. Determine how the property was titled

Ownership at death often depends on how the deed was written. Common possibilities:

• Joint tenancy with right of survivorship: surviving joint owner(s) automatically keep the property outside probate when a co-owner dies.
• Tenancy in common: each owner’s interest passes through their estate, not automatically to co-owners.
• Owned solely by the decedent: title typically passes through probate or administration.
• Property held in trust: if the decedent placed the property into a living trust, the successor trustee distributes it under the trust document.

To confirm the deed wording, get a copy of the recorded deed from the county clerk or register where the property is located.

5. Check public land records and tax records

Deeds and mortgage documents are recorded locally. Visit or contact the county clerk or recorder’s office for copies or online indexes. In New York City boroughs, use ACRIS for Manhattan, Brooklyn, Bronx and Queens records; some counties have searchable online indexes. Local tax assessor or county treasurer records can also show the current listed owner and mailing address.

6. Obtain a certified death certificate

A death certificate is often required to show to banks, title companies, and government agencies. The funeral home can order copies, or you can request them from the local vital records office.

7. Locate possible heirs

Common methods to find heirs:

• Review the will or estate papers for named beneficiaries and their contact information.
• Check obituaries, social media, and address books for family names.
• Search public records: birth, marriage, and divorce records; voter registration; and property records.
• Use genealogical databases (FamilySearch, Ancestry) or hire a professional genealogist if the family is large or dispersed.
• In probate, the petitioner must provide notice to heirs; Surrogate’s Court filings include lists of distributed notice.

8. When heirs disagree or cannot be located

If heirs contest a will or dispute ownership, the Surrogate’s Court resolves competing claims. If heirs are missing, courts permit notice by publication or appointment of a guardian ad litem for unknown parties. An attorney can advise on how to proceed in contested or complex cases.

9. Title issues: quiet title and clearing the record

If the chain of title is unclear or multiple people claim the property, you may need a title search and possibly a quiet title action in the appropriate court to resolve ownership. Title companies can perform searches and issue an opinion for sale or refinance.

10. When to get a lawyer

Consult a New York probate or real estate attorney when:

• No will exists and heirs are unknown or disputed;
• Property ownership appears to conflict with deed language or liens exist;
• You need to open probate or administer an estate;
• You plan to sell or transfer real property and need clear title.

Helpful Hints

• Start at home: search personal files, safe-deposit boxes, email, and phones for a will and contact details.
• Get multiple certified death certificates — banks and county offices often require originals.
• Check the Surrogate’s Court in the county of the decedent’s residence first; records there may be online or accessible in person: https://www.nycourts.gov/courts/surrogates/.
• For deeds and property history, contact the county clerk or register where the property sits; New York City properties can be searched through ACRIS.
• If property was held jointly with survivorship, ownership often passes automatically—still get a recorded affidavit and certified death certificate to update title records.
• Use free resources (obituaries, Social Security Death Index, and public marriage/birth records) to build a family tree to locate heirs.
• If you can’t locate heirs, a lawyer or professional genealogist can help perform a thorough search and advise on required court notices.
• Preserve documents and communications. Keep a log of searches and contacts related to the estate and property.

Key statutory resource

New York intestacy distribution rules: EPTL §4-1.1 — https://www.nysenate.gov/legislation/laws/EPT/4-1.1.

Final practical checklist

1. Search for a will and contact any named executor or attorney.
2. Obtain certified death certificates.
3. Check Surrogate’s Court records in the decedent’s county.
4. Get deed and tax records from the county clerk/recorder.
5. Compile a list of potential heirs via obituaries, records, and family contacts.
6. If title is unclear or heirs are unknown/disputed, consult a New York probate or real estate attorney.

If you would like, I can suggest specific next steps tailored to whether you found a will, the county where the property is located, or whether you suspect joint ownership.