What Happens When You Inherit a House
What This Means
When someone passes away and leaves behind real estate in New York, the property doesn't automatically transfer to the heirs. Someone needs legal authority to act on behalf of the estate — and that authority comes from Surrogate's Court.
Until the court appoints an executor (if there's a will) or an administrator (if there's no will), no one has the legal right to sign a deed or transfer ownership of the property.
This means that even if all family members agree to sell, the sale typically cannot close until probate or administration is granted.
Every situation is different. You can walk through your situation and see what options may be available.
Discuss Your OptionsHow It Works in New York
The Surrogate's Court Process
In New York, probate and administration proceedings are handled by Surrogate's Court in the county where the deceased person lived. The process generally involves filing a petition, notifying all interested parties, and waiting for the court to issue Letters Testamentary (with a will) or Letters of Administration (without a will).
This process can take anywhere from a few months to over a year, depending on the complexity of the estate and whether anyone contests the proceedings.
What You Can Do Before Probate Is Complete
While you can't close on a sale before receiving court authority, you can take preparatory steps. These include getting the property appraised, making necessary repairs, listing the property for sale, and even accepting an offer — as long as the closing is contingent on court approval.
Some buyers, particularly cash buyers experienced with estate sales, are willing to wait for probate to be completed before closing.
Small Estate Exceptions
New York has a Small Estate Affidavit process for estates valued under $50,000 in personal property. However, this process generally does not apply to real estate. If the only significant asset is a house, probate or administration is almost always required.
Every situation is different. You can walk through your situation and see what options may be available.
Discuss Your OptionsCommon Challenges
- The probate timeline is unpredictable — it can take months or longer if there are disputes
- Property taxes, insurance, and maintenance costs continue during probate
- The property may deteriorate while waiting for court approval
- Family members may disagree about whether or when to sell
- Some buyers are unwilling to wait for probate to close
Options Available
- Wait for probate to complete, then list the property on the open market with an agent
- Prepare the property for sale during probate so you're ready to close quickly once approved
- Accept a contingent offer from a buyer willing to wait for court authority
- Work with a cash buyer experienced in estate transactions who understands the timeline
- Consult with a probate attorney to explore whether any expedited options are available
When Selling Might Make Sense
- The estate needs cash to pay debts, taxes, or other obligations
- No heir wants to keep or live in the property
- The property is costing the estate money in taxes, insurance, and upkeep
- The property is in a condition that will only get worse over time
- Family members want to distribute the estate proceeds and move forward