🔑 NY Intestate Estate: Notice of Election (Surviving Spouse)

What this post covers: How a surviving spouse exercises the right of election under EPTL 5-1.1-A when a decedent dies intestate, and what a Notice of Election looks like in that setting.

This post focuses on form, structure, and statutory fit, not advocacy or valuation.

The issue this post solves

Many published Notice of Election forms assume a will, a probate proceeding, and a nominated executor.

But EPTL 5-1.1-A applies equally when a decedent dies without a will. In intestacy, there is no probate proceeding, and the surviving spouse is often the person seeking Letters of Administration.

This creates a practical drafting gap: What should the Notice of Election look like before a file number exists, and without referencing a will that does not exist?

This post provides the following:

• Form: A clean, court-appropriate Notice of Election drafted specifically for intestate estates.
• Reusability: Placeholder-based formatting suitable for repeated use.
• Guidance: Practice notes explaining what is — and is not — required.