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    Can a House Be Sold During Probate in New York

    Last updated: March 2026

    Written by Sam — New York Real Estate Professional | Sam The Homebuyer

    Yes, a house can be sold during probate in New York, but the executor or administrator must have proper legal authority from Surrogate's Court before the sale can close. In some situations — especially when the estate needs funds to pay debts or carrying costs are mounting — the court may actually encourage a sale during probate rather than after.

    The process involves court oversight and, in some cases, court approval of the sale terms themselves. That adds steps, but it is very common and entirely manageable with the right guidance. Heirs who understand this often start the preparation work — talking with buyers, gathering documents, getting valuations — before probate is fully complete, which can save significant time once authority is officially granted.

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