What Happens When You Inherit a House
What This Means
These three terms — probate, administration, and intestacy — describe different legal processes that determine who has the authority to manage a deceased person's estate and who ultimately inherits the property.
Understanding which process applies to your situation is the first step toward knowing your rights and options regarding any real estate left behind.
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
Probate (When There's a Will)
If the deceased person left a valid will, the will is submitted to Surrogate's Court for probate. The court reviews the will, confirms it's valid, and appoints the person named in the will as the executor.
The executor receives Letters Testamentary, which give them the legal authority to manage the estate — including selling real estate. If the will gives the executor the power to sell property, they can generally do so without additional court approval.
If the will does not specifically grant the power to sell, the executor may need to petition the court for permission.
Administration (When There's No Will)
If the deceased person did not leave a will, a family member (usually the closest relative) can petition Surrogate's Court to be appointed as the administrator of the estate.
The administrator receives Letters of Administration, which give them authority to manage estate affairs. However, selling real estate as an administrator typically requires additional court approval, which adds time and complexity to the process.
All distributees (people entitled to inherit under the law) must be notified of the proceedings and generally must consent or be given the opportunity to object.
Intestacy (Who Inherits Without a Will)
Intestacy is not a court process — it's the set of New York laws that determine who inherits when there's no will. Under New York's intestacy laws, property passes to the closest living relatives in a specific order: spouse, children, parents, siblings, and so on.
If the deceased was married with children, the surviving spouse typically receives $50,000 plus half the estate, with the remaining half divided among the children. If there's no spouse, everything goes to the children equally.
These rules apply automatically, but the property still must go through the administration process before it can be legally transferred or sold.
When Can Property Be Sold?
In probate cases, the executor can typically sell property once they receive Letters Testamentary — and sooner if the will grants broad powers.
In administration cases, selling property usually requires a court order, which means filing an additional petition and waiting for approval. This can add weeks or months to the timeline.
In either case, the property cannot be sold until someone has been officially appointed by the court.
Every situation is different. You can walk through your situation and see what options may be available.
Discuss Your OptionsCommon Challenges
- Without a will, the administration process is often slower and more complex
- Multiple heirs may disagree about what to do with the property
- Court approval for selling property in administration cases adds time
- Intestacy rules may result in unexpected distributions among family members
- Outstanding debts of the estate must be addressed before distributions
Options Available
- Work with a probate attorney to determine which process applies to your situation
- File the appropriate petition with Surrogate's Court as soon as possible to avoid delays
- If you're an administrator, begin preparing the property for sale while seeking court approval
- Communicate with all heirs early to try to reach agreement on how to handle the property
- Consider a direct sale to a cash buyer if time is a concern
When Selling Might Make Sense
- The estate has debts that need to be paid from the sale proceeds
- Multiple heirs want to receive their share in cash rather than co-own a property
- The property requires repairs that the estate cannot afford
- Maintaining the property during a lengthy legal process is financially burdensome
- All heirs agree that selling is the best path forward