Probate Property — Get Help Selling
Named executor and need to sell a property?
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Common questions about this topic
What is probate and how does it affect selling a property?
Probate is the legal process of settling a deceased person's estate. If the property was solely in the deceased's name without a trust or transfer-on-death deed, it typically must go through Surrogate's Court before it can be sold. This process takes 6–12 months in New York.
Can I sell a house during the probate process?
Yes, but the executor or administrator needs court approval in most cases. Once letters testamentary or letters of administration are issued, the estate's representative has authority to manage and sell property, subject to court oversight.
Who pays the expenses on a probate property?
The estate is responsible for mortgage payments, taxes, insurance, and maintenance during probate. These costs come from estate funds. If the estate lacks liquid assets, the executor may need to prioritize selling the property to cover obligations.
What if there are multiple heirs who disagree about selling?
When heirs disagree, mediation is often the most cost-effective path. If resolution is not possible, any heir can petition the court for a partition sale. An experienced probate attorney can guide the process and protect all parties' interests.
Do I need to make repairs to a probate property before selling?
Not necessarily. Many probate properties sell as-is to investors or buyers looking for value. The decision depends on the property's condition, the estate's available funds, and whether repairs would meaningfully increase the sale price.
Are there tax implications when selling an inherited property?
Inherited property receives a stepped-up tax basis to the fair market value at the date of death, which can significantly reduce capital gains taxes. Consult a tax professional about your specific situation, including New York State estate tax thresholds.