In New York, someone generally needs legal authority from the Surrogate's Court, called "letters," before a house owned by a person who has died can be sold on behalf of the estate. How long that takes depends on the county, whether there's a will, and whether the family agrees.
General information only, not legal advice. For advice about your situation, talk to a licensed New York attorney or a HUD-approved housing counselor.
The Surrogate's Court in Queens, Kings (Brooklyn) and Nassau County each handles estates for people who lived in that county. Expect to file a petition, notify the heirs, and wait for the court to review. Timelines vary a lot. A straightforward case can take a few months. Disputes, missing heirs or an unclear will can take much longer.
New York's voluntary administration process for small estates applies to estates with $50,000 or less in personal property. Real estate is not included, so it generally doesn't help when the main asset is a house.
Property taxes, insurance, utilities and repairs continue. Many insurance policies limit coverage for vacant homes, so call the insurer. Unpaid taxes can grow into liens (see our guide on tax liens).
| Option | Best when | Watch for |
|---|---|---|
| Keep and move in or rent | An heir wants the home | Costs, buyout of other heirs |
| List with an agent | Home is in good shape, no rush | Repairs, showings, months on market |
| Sell as-is for cash | Home needs work, heirs are out of state, or you want certainty | Offers are below retail in exchange for speed and no repairs |
| Wait | Court process underway | Carrying costs keep running |
A cash buyer can usually sign a contract once the right person has authority to sell, and can close quickly after that. Be careful with anyone who wants you to sign over a deed before letters are issued. Get terms in writing and take the time to review them.
Do I need probate to sell an inherited house in New York?
In general, yes. Someone needs court-issued authority to sell real property owned by the person who died, unless the property passed outside the estate (for example, jointly owned with right of survivorship or held in a trust).
What if the deceased owner never updated the deed?
That's common. The estate is usually opened and the deed is updated through the process above before a sale can close.
How long does probate take in NYC and Nassau County?
It varies by county and case. Simple, uncontested estates may take a few months; contested or complicated ones can take much longer.
Can I sell my share of an inherited house?
An heir can often sell an interest, but buyers are limited and a full sale usually needs all owners' cooperation.
Who pays the bills while the estate is open?
The estate does, through the person in charge. Taxes and insurance should be kept current to avoid liens and coverage problems.
Use the button at the top of this page to start. It takes about a minute, there is nothing to sign to get an offer, and you can always compare it with listing or with other buyers.
The Key Buyers · 194 Jericho Tpke, Floral Park, NY 11001 · 516-366-2592. This page is general information, not legal or tax advice, and rules change. Every situation is different. Last updated: October 2026.