Generally speaking, the executor or administrator cannot complete a real estate sale until they have received their Letters Testamentary or Letters of Administration from Surrogate's Court. That document is what gives them legal authority to act on behalf of the estate, and signing a binding contract before that authority is in place can create legal complications for everyone involved.
That said, the formal closing is not the only part of the process. Heirs can absolutely begin earlier — talking with potential buyers, getting the property assessed, gathering documents, and preparing the home — so they are ready to move quickly the moment authority is granted. In some cases the court will even grant permission to sell during probate when it is in the estate's best interest, particularly when carrying costs are eating into the value.
Step-by-Step Process
- File the will (or petition for administration) with Surrogate's Court. Open the estate in the county where the deceased lived so the court can begin reviewing it.
- Wait for Letters Testamentary or Letters of Administration. These documents give the executor or administrator legal authority to act on behalf of the estate.
- Get the property valued. Order an appraisal or comparative market analysis so heirs and potential buyers know the realistic value.
- Talk to buyers and gather documents. Pull deed, title, tax bills, mortgage statements, and any open violations so you can move fast once authority arrives.
- Sign and close after authority is granted. Once Letters are issued, the executor can sign a binding contract and close like any standard sale.