ARTICLE #1 • PROBATE REAL ESTATE SERIES
What Happens to a House When Someone Dies?
A Step-by-Step Guide for Families in Putnam & Westchester Counties
By Joann Perna | Certified Probate Real Estate Specialist
Serving Yorktown Heights, Mahopac & Surrounding Communities
(845) 661-1339 | [YourWebsite.com]
If You Are Reading This, Someone You Love Has Passed Away
First, I want to say I am so sorry for your loss. Losing someone is one of the hardest things any of us ever goes through. And in the middle of grief, you may suddenly be facing questions you never expected:
- What happens to Mom’s house now?
- Who is responsible for the mortgage and the bills?
- Do we have to go to court?
- Can we sell the home—and if so, when?
- What if the family does not all agree?
These are completely normal questions — and you deserve clear, honest answers. That is exactly what this guide is for.
My name is Joann Perna. I am a Certified Probate Real Estate Specialist serving families throughout Putnam and Westchester Counties, including Yorktown Heights, Mahopac, and the surrounding communities. I have helped many families navigate the sale of a loved one’s home during one of the most difficult chapters of their lives, and I wrote this guide to help you understand exactly what comes next.
WHAT YOU WILL LEARN IN THIS GUIDE:
* What probate is — in plain, simple English
* What happens to a house when there is a will (and when there isn’t)
* The 5 stages of a probate home sale in New York State
* How long the process typically takes in Putnam & Westchester Counties
* Why working with a Certified Probate Specialist makes a real difference
* Your next steps — and how to reach me directly
What Is Probate? (And Why Does It Matter for Real Estate?)
Probate is the legal process through which a deceased person’s estate — including their home — is settled, debts are paid, and assets are distributed to heirs.
In New York State, probate is handled at the county level. If your loved one lived or owned property in Putnam or Westchester County, the probate process will go through the Surrogate’s Court in that county.
Here is the most important thing to understand about real estate and probate:
In most cases, you cannot sell or transfer a home that was solely in a deceased
person’s name until the estate has gone through the probate process — or until an
executor has been legally appointed with authority to act on behalf of the estate.
This surprises many families who assume they can simply list the home right away. The good news is that with the right guidance, the process does not have to be overwhelming — and it can move forward more quickly than you might expect.
Does Every Home Have to Go Through Probate?
Not always. There are situations where probate may be avoided entirely or significantly simplified:
- The home was held in a Living Trust
- The home was jointly owned with right of survivorship (common in marriages)
- The home had a Transfer-on-Death deed filed in advance
- The estate qualifies as a small estate under New York law
If you are unsure which situation applies to your family, the first step is to review the deed on the property. I work closely with probate attorneys across Putnam and Westchester Counties and can help connect you with the right professional for your situation.
What Happens to the House — Step by Step
Whether or not your loved one left a will, here is a straightforward breakdown of what typically happens to the home:
Step 1: The Will Is Located — or an Administrator Is Appointed
If there is a will, the named Executor takes responsibility for the estate. If there is no will, the Surrogate's Court in Putnam or Westchester County will appoint an Administrator — typically the closest next of kin.
Step 2: Probate Is Filed With the Surrogate's Court
The will (if there is one) is submitted to the court. The executor or administrator is granted Letters Testamentary or Letters of Administration — official documents that give them legal authority to act on behalf of the estate, including making decisions about the home.
Step 3: The Estate Is Inventoried and Appraised
All assets — including the real estate — are identified and valued. For the home, this typically means an independent appraisal. This step is important for both the estate settlement and for establishing a fair asking price if the home is to be sold.
Step 4: Debts and Taxes Are Addressed
Before the home can be sold or transferred, any outstanding mortgage, property taxes, liens, or estate-related debts must be resolved. The proceeds from a home sale are commonly used to settle these obligations.
Step 5: The Home Is Sold or Transferred to Heirs
Once debts are handled and the court has granted proper authority, the home can be listed for sale or transferred directly to the heirs. A Certified Probate Real Estate Specialist guides the executor through every legal requirement of a probate sale in New York.
How Long Does This Take in Putnam & Westchester Counties?
This is one of the most common questions I hear — and the honest answer is: it depends. Here is a realistic timeline:
Uncontested Estate With a Will: 3 to 6 months (sometimes less)
Estate Without a Will: 5 to 9 months
Contested or Complex Estate: 1 to 2+ years
Note: New York’s Surrogate’s Courts in Putnam and Westchester Counties are generally efficient, but timelines vary depending on estate complexity.
The good news: in most straightforward cases, families are able to list and sell the home within a few months of the loved one’s passing. Starting the process early — even before probate is fully complete — puts you in the best position.
Why a Certified Probate Real Estate Specialist Matters
A probate sale is not like a typical home sale. There are additional legal requirements, court approvals, timelines, and documentation involved. Working with an agent who is not trained in probate can slow the process — and in some cases, create costly legal problems.
As a Certified Probate Real Estate Specialist, I bring specialized training that most real estate agents simply do not have. Here is what that means for your family:
- I understand the Surrogate’s Court process in both Putnam and Westchester Counties
- I know how to price a probate home correctly, accounting for its condition and the estate’s timeline
- I can coordinate with the estate attorney, CPA, and court to keep the transaction on track
- I have experience managing multi-heir sales where family members may have differing opinions
- I handle every situation with the compassion and discretion your family deserves
Most importantly, I do not just sell the house — I guide the entire family through the process, step by step, from the very first conversation to the closing table.
A Personal Note From Joann
“I became a Certified Probate Real Estate Specialist because I saw firsthand how overwhelming this process can be for families who are already grieving. My goal is to take the complexity off your plate — to be the steady, knowledgeable guide who helps you make sound decisions during a very difficult time.
I serve families throughout Putnam and Westchester Counties, including Yorktown Heights, Mahopac, and the surrounding areas. Whether you are an executor trying to understand your responsibilities, an heir unsure of your rights, or a family trying to navigate this together — I am here to help.
— Joann Perna”
Your Next Steps
If you are currently dealing with the home of a loved one who has passed, here is what I recommend:
- Do not rush. Take a breath. You do not need to make any decisions today.
- Locate the deed to the property. This tells you how the home was titled and what process applies to your situation.
- Consult a probate attorney to open the estate in Surrogate’s Court. I can refer you to trusted attorneys in both Putnam and Westchester Counties.
- Call or email me — even before you are ready to sell. A 20-minute conversation can answer most of your immediate questions at no cost and no obligation.
Ready to Talk? I Am Here to Help.
Joann Perna — Certified Probate Real Estate Specialist
Serving Putnam & Westchester Counties | Yorktown Heights & Mahopac
(845) 661-1339 | [YourWebsite.com]
Free consultations available. No pressure. No obligation. Just guidance.