Quick Answers
- Does every estate have to go through probate?
- Only if real estate is solely owned without survivorship rights or trust ownership. Jointly-owned or trust property often bypasses it.
- Who can sell the house?
- The court-appointed executor or administrator, once New York’s Surrogate’s Court issues Letters Testamentary or Letters of Administration.
- Do I need court approval to sell?
- Only if the will doesn’t grant a power of sale, or there’s no will — then the fiduciary must petition the Surrogate’s Court for authority.
- Can the house sell before probate closes?
- Yes, in many cases, once the fiduciary has proper letters and authority to act.
How Probate Works in New York
New York probate is handled by the Surrogate’s Court in the county where the decedent lived. If there’s a valid will, the executor named in it files a petition to have the will admitted and to receive Letters Testamentary. If there’s no will, an eligible relative petitions to become administrator and receives Letters of Administration under New York’s intestacy law (EPTL Article 4). Real estate owned solely in the decedent’s name generally must pass through this process before it can be sold, unless it was jointly owned with survivorship rights or held in a trust.
Who Has the Authority to Sell the House
Whether the executor or administrator can list and sell the property right away, or needs extra court authorization first, depends on how the will is written — or whether there’s a will at all.
Selling With Power of Sale
If the will explicitly grants the executor a “power of sale,” they can generally list, negotiate, and close on the property without a separate Surrogate’s Court proceeding, though notice to beneficiaries may still apply.
Selling Without Power of Sale
If there’s no will, or the will doesn’t grant that power, the fiduciary must petition the Surrogate’s Court for authority to sell real property — typically involving notice to interested parties and court approval.
Timeline
New York Probate Timeline
A general outline of how estate administration and a home sale move through New York’s Surrogate’s Court.
Petition Filed
A probate petition is filed with the Surrogate’s Court in the decedent’s home county, and any will is offered for admission.
Fiduciary Appointed
The executor or administrator receives Letters Testamentary or Letters of Administration, giving them legal authority to act for the estate.
Creditor Notice Period
Creditors generally have seven months from the date letters are issued to file claims against the estate under SCPA § 1802.
Sale Authorized
The fiduciary sells under the will’s power of sale, or petitions the Surrogate’s Court for authority to sell if none exists.
Closing & Distribution
Sale proceeds go to the estate; once debts, taxes, and expenses are settled, remaining funds are distributed to beneficiaries or heirs.
Selling As-Is During Probate
Many probate and inherited homes haven’t been updated in years, and estates rarely want to spend limited funds on repairs before a sale. Selling as-is to a direct buyer avoids repair costs, cleanout work, and the delays of listing on the open market — while the sale price is set upfront with no financing contingencies to worry about.
Don’t accept an offer before your authority is in place. Make sure your Letters Testamentary or Administration — and any required Surrogate’s Court authorization to sell — are finalized first, so the closing isn’t delayed or unwound later.
How We Can Help
A Simpler Way Forward
We buy probate and inherited houses as-is, anywhere in New York. Here’s what that looks like.
Sell As-Is, Contents and All
No repairs, cleanout, or updates needed — we buy the property in its current condition, including anything left inside.
No Commissions or Fees
There’s no realtor commission and no closing costs deducted from the estate’s side of the deal.
Flexible Closing Date
We can close on a timeline that works for the estate and all beneficiaries involved.
Help Reviewing Your Situation
We’ll walk through the probate process and your options with you, at no cost and with no pressure.
No Obligation to Accept
Get a free cash offer and decide what’s right for the estate — there’s never any pressure to accept.
FAQ
Frequently Asked Questions
Straight answers about selling a house through New York probate.
Does a house have to go through probate in New York?
Not always. Property owned jointly with survivorship rights, held in a living trust, or passing by beneficiary designation can often bypass probate. Real estate owned solely in the decedent’s name typically must go through New York’s Surrogate’s Court process before it can be sold.
Who has the legal authority to sell a house during New York probate?
The court-appointed executor (if there’s a will) or administrator (if there isn’t), once the Surrogate’s Court issues Letters Testamentary or Letters of Administration.
How long does the New York probate process take?
It varies widely, but many estates take from several months to over a year, particularly if there are disputes, a search for heirs, or delays clearing the seven-month creditor claim period.
Can a house be sold before New York probate is finalized?
Yes, in many cases. Once the fiduciary has letters and any needed sale authority, the property can often be sold while the estate remains open, with proceeds held by the estate.
What if the heirs or distributees don’t agree on selling the house?
Disagreements can slow things down and may require a court hearing. An experienced attorney can help resolve disputes over whether and how to sell.
Do I need Surrogate’s Court approval to sell if the will doesn’t grant power of sale?
Yes. Without a power of sale clause, the fiduciary generally must petition the Surrogate’s Court for authority to sell, which involves notifying interested parties.
Who pays for taxes, insurance, and upkeep on a probate property?
These costs are typically paid from estate funds until the property sells or is distributed. Executors should keep careful records of all expenses.
Can I sell an inherited or probate house as-is?
Yes. Most direct buyers, including us, purchase probate and inherited houses in as-is condition, which avoids repair costs and cleanout work for the estate.
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This page provides general information about the New York probate process and is not legal advice. Probate laws and procedures can change, and every estate is different. For guidance specific to your situation, please consult a New York-licensed attorney.
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