Selling a house that is going through probate

Authority comes before price

In New York, real property is generally sold by the executor named in a will after Letters Testamentary are issued, or by an administrator after Letters of Administration. Until the Surrogate's Court in the county where the decedent lived issues those letters, there is usually no one with authority to sign a binding contract.

Erie County, Niagara County and the surrounding counties each run their own Surrogate's Court calendar, and timelines vary. A buyer who tells you the court schedule does not matter is either inexperienced or hoping you are.

What an executor should have in hand

A clean probate sale is mostly a documentation exercise. Before closing you will generally need:

• Letters Testamentary or Letters of Administration from the Surrogate's Court
• A death certificate and, where relevant, the recorded will
• Confirmation of how title was held, including any joint tenancy or life estate
• Payoff statements for every lien, including any reverse mortgage
• An estate tax waiver or release where one applies
• Written notice to beneficiaries consistent with your attorney's guidance

Documenting that the price was reasonable

Beneficiaries who were not involved in the sale sometimes question it afterwards. The straightforward protection is a paper trail: an independent opinion of value, more than one offer where practical, and a written explanation of why the accepted terms served the estate.

We encourage executors to get a broker's price opinion or an appraisal even when they intend to sell to us. If our offer does not hold up next to it, you should not take it, and we would rather you found that out before closing than after.