Quick Answer: In almost all cases, yes. An estate needs Letters Testamentary (or Letters of Administration if there’s no will) before a home sale can legally close in New York. These documents, issued by the Surrogate’s Court, prove the executor or administrator has legal authority to sign on behalf of the estate. Written by Joann
Do You Need Letters Testamentary to Sell an Estate Home in New York? Read More »
Quick Answer: You typically don’t need to wait until probate is fully closed to sell a home in New York, but you do need Letters Testamentary or Letters of Administration before signing a binding contract of sale. Once these are issued, the executor or administrator can list, negotiate, and close on the property. Written by
Can You Sell a House Before Probate Is Complete in New York? Read More »
Quick Answer: The most common causes of New York probate delays include incomplete filings, difficulty locating heirs, will contests, disagreements among executors, unresolved debts or taxes, and court backlogs. Most of these delays can be minimized with early preparation and the right professionals, though some, like court backlogs, are outside anyone’s control. Written by Joann
6 Common Causes of Probate Delays in New York (and What Helps) Read More »
Quick Answer: An executor in New York is responsible for filing the will, notifying heirs, valuing assets, paying debts and taxes, and distributing the estate, including selling real estate when necessary. However, an executor has no legal authority to act, including signing a listing agreement, until the court issues Letters Testamentary. Written by Joann Perna,
The Executor’s Role in New York Probate: What You Need to Know Read More »
Quick Answer: When someone dies without a valid will in New York, state law determines who inherits through a process called intestate succession, governed by EPTL Section 4-1.1. The court appoints an administrator, usually the closest eligible family member, to manage the estate and any home sale. More heirs often means more signatures and more
Dying Without a Will in New York : Intestate Succession Explained Read More »
Quick Answer: Not every New York estate needs full probate. Estates with $50,000 or less in personal property may qualify for Voluntary Administration, a faster, simplified process. However, if the estate includes real estate that needs to be sold or transferred, full probate is generally required regardless of the estate’s total value. Written by Joann
Probate vs. Small Estate Administration in New York Read More »
Quick Answer: New York probate typically takes 6 months to a year for a straightforward estate, but missing wills, hard-to-locate heirs, incomplete paperwork, court backlogs, or disputes among heirs can extend the timeline to a year or more. A small estate (Voluntary Administration) proceeding can often be completed in a matter of weeks. Written by
How Long Does Probate Take in New York? Timeline & Delays Read More »
Quick Answer: Probate is the legal process by which the New York Surrogate’s Court validates a deceased person’s will, appoints an executor or administrator, and authorizes them to manage and distribute the estate’s assets, including the sale of real estate. In New York State, probate typically takes 6 to 18 months depending on the county
What Is Probate in New York? 2026 Guide & Timeline Read More »
