Selling a probate property in New York can be a complex process, especially if you’re unfamiliar with the legal requirements. Whether you’ve inherited a home or are handling an estate, understanding the steps involved can help you navigate the sale smoothly.
At Legacy Home Development Group, we specialize in helping homeowners sell probate properties quickly and hassle-free. In this guide, we’ll walk you through everything you need to know about selling a home in probate in New York, including Nassau County, Suffolk County, Queens, Brooklyn, and The Bronx.
What Is a Probate Property?
A probate property is a home that was owned by someone who has passed away. Before the property can be sold, the court must verify the deceased person’s will (if one exists) and ensure that the estate is handled properly.
This process can be lengthy, but with the right knowledge, you can sell the home efficiently and maximize its value.
Step 1: Determine If Probate Is Required
Not all properties need to go through probate. If the property was held in a living trust or had a joint owner with rights of survivorship, it may pass directly to the beneficiary without probate.
However, in most cases, if the home was solely in the deceased person’s name, probate is required before it can be sold.
Step 2: Get Appointed as the Estate’s Representative
Before you can sell the property, you (or another party) must be appointed as the executor (if there is a will) or administrator (if there is no will). This is done by filing a petition for probate in the New York Surrogate’s Court in the county where the deceased person lived.
Documents You’ll Need to File Probate:
● The original will (if available)
● The death certificate
● A petition for probate (filed with the Surrogate’s Court)
● A list of the deceased’s assets
Once the court approves your petition, you’ll receive Letters Testamentary (if you’re the executor) or Letters of Administration (if there is no will). These documents give you the legal authority to sell the probate property.
Step 3: Get the Property Ready for Sale
Once you’re legally authorized to sell the home, you need to prepare the property for sale. This includes:
● Securing the home: Ensure all valuables are safe and utilities are properly maintained.
● Clearing out personal belongings: The home may need to be emptied before selling.
● Assessing repairs: Decide whether to sell the home as-is or make improvements to increase its value.
If the home needs extensive repairs or updates, selling it as-is for cash to a company like Legacy Home Development Group can save you time and effort.
Step 4: Get a Property Valuation & Choose Your Selling Method
You have two main options when selling a probate property:
Option 1: Sell the Probate Property on the Market
You can list the home with a real estate agent, but keep in mind: ✅ Higher potential sale price ❌ May take months to sell ❌ Buyers may require repairs and inspections ❌ Court approval may delay the process
Option 2: Sell the Probate Property for Cash
Selling to a cash home buyer like Legacy Home Development Group allows you to: ✅ Sell the property as-is (no repairs needed) ✅ Close quickly (often in a few weeks) ✅ Avoid the hassle of showings and negotiations ✅ Get a fair cash offer with no realtor fees
If you need to sell quickly to settle estate debts or avoid foreclosure, selling for cash is often the best choice.
Step 5: Get Court Approval (If Required)
In some cases, the court must approve the sale before closing. This typically happens if:
● The will does not specify an executor.
● The heirs disagree on the sale.
● The home is sold below fair market value.
An attorney or probate specialist can guide you through this process if needed.
Step 6: Close the Sale and Distribute Funds
Once the home is sold, the proceeds will be used to:
● Pay off any remaining debts (mortgage, taxes, liens).
● Cover probate and legal fees.
● Distribute the remaining funds to beneficiaries.
With a cash sale, this process is much faster, and you won’t have to worry about financing delays from traditional buyers.
Sell Your Probate Property Hassle-Free with Legacy Home Development Group
If you need to sell a probate property in New York, we can help! At Legacy Home Development Group, we specialize in buying probate homes for cash in Nassau County, Suffolk County, Queens, Brooklyn, and The Bronx