Sell a Probate Property in New York
New York probate is handled by the Surrogate's Court in the county where the decedent resided. An executor named in a will must receive Letters Testamentary, and an administrator in an intestate estate receives Letters of Administration, before they have authority to sell real property. New York has a relatively straightforward process for real estate sales once letters are issued — no court confirmation is typically required. New York City boroughs have their own Surrogate's Court (Bronx, Kings/Brooklyn, New York/Manhattan, Queens, Richmond/Staten Island).
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Probate & Estate Sales in New York — FAQ
Letters Testamentary (with a will) or Letters of Administration (without a will) from the Surrogate's Court give the executor or administrator authority to sell estate real property. Once issued, no further court approval is typically needed for the sale.
Uncontested New York probate with a will typically takes 3–6 months. Intestate estates (no will) or contested matters can take 12 months or more. We can often close within 2–3 weeks of Letters being issued.
Sale proceeds are deposited into the estate account. The executor pays estate debts, taxes, and administration costs, then distributes the balance to beneficiaries according to the will or New York's intestacy laws.
If the executor has authority under the Letters to sell real property, they can proceed without unanimous heir consent, though the executor has fiduciary duties to all beneficiaries. Any disputes should be addressed with the probate attorney before closing.
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