I inherited a house in New York. Can I sell it before probate is done?

Usually, yes: once the Surrogate's Court issues letters, the executor or administrator can sell the house before the estate is fully settled. We work with your estate attorney and the Surrogate's Court timeline, and we can close once letters are issued.

How probate works in New York

The case goes to the Surrogate's Court in the county where the person who died lived, or where the house is if they lived in another state.

With a will, it's probate: the executor files the will, and once the court admits it, the court issues letters testamentary.
Without a will, it's administration: the court appoints an administrator in an order set by law, starting with the spouse and then the children, and issues letters of administration.

The executor or administrator can generally sell the house and sign the deed. The will or the court can limit that power, and letters of administration sometimes bar a sale without a further court order. If the will leaves the house to a specific person, that person's written consent or the court's approval is usually needed.

Paying debts, the final accounting and distributing the money can come after the sale. If probate is delayed, the named executor can ask for preliminary letters testamentary, which generally allow a sale unless the court or the will says otherwise.

Without a will, the heirs own the house together from the date of death. If they sell without an administrator, every heir has to sign the deed.

Some houses skip probate. A house owned jointly with right of survivorship goes to the surviving owner. A transfer-on-death deed, allowed since July 19, 2024, passes the house to the named beneficiary without probate if it was recorded before the owner died, subject to any mortgage or liens.

For advice about the estate, talk to your own attorney; we don't give legal advice.

What we do differently

We close as fast as 7–14 days. If the estate needs longer to get through probate or to get the tax lien release, we close on the date you pick.
We buy as-is. Leave whatever the family doesn't want; we handle the clean-out.
The walkthrough can be in person or by video, so relatives who live far away don't have to travel for it. You get a written cash offer within 24 hours of it.
We buy in our own name with our own funds and don't assign contracts. No appraisal, inspection or financing contingency.
No commission, no fee to us, and we pay the closing costs. The seller is paid at closing with the net proceeds of the sale.
We don't buy co-ops. If we're not the right buyer, we'll say so and refer you to someone who can help.

Common complications

Estate tax lien. New York puts a lien on a person's real property at death. Selling requires a release from the state Tax Department, whatever the house is worth, unless the person who died and their spouse were the only joint tenants. The department says not to schedule the closing until the release arrives.
Mortgage. It stays on the house after death and is paid off from the sale at closing.
Heirs who disagree. A co-owner can ask a court for a partition, which can end in a court-ordered sale. If the house counts as heirs property, the court first holds a settlement conference, and co-owners who didn't ask for a sale get a chance to buy out those who did.

Tell us about the house

Submit the form or call (516) 715-9020. We call you back within 24 hours.