1b. If a decedent is survived by a spouse and no issue:

If a decedent is survived by a spouse and no issue, the spouse can, petition the probate court to inherit up to $75,000* of decedent’s intestate real estate outright; otherwise, the spouse will just be entitled to only a life estate — i.e., the right to use the real estate for life, but spouse cannot sell it or give it away. The spouse also inherits $50,000 worth of spouse’s personal property, plus 1/2 of the balance. EPTL §4-1.1(a)(2) In New York, when a decedent is survived by a spouse and no issue, the whole estate goes to the spouse.