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 and complexity of the estate.
Written by Joann Perna, Licensed NY Real Estate Broker, Certified Probate Real Estate Specialist | Published August 13, 2026 | Last Updated August 2026
If someone you love has passed away and left behind a home, you’ve probably heard the word “probate” more times in the last few weeks than in your entire life before that. It sounds intimidating, but at its core, probate is simply the legal process New York State uses to confirm a will is valid and to give someone official authority to manage the person’s affairs, including selling real estate.
The Basic Idea
When a person dies owning property in their own name (not in a trust, and not held in joint tenancy with right of survivorship), that property has to pass through a legal process before it can be sold or transferred. In New York, this process runs through the Surrogate’s Court in the county where the deceased person lived, whether that’s Westchester County, the Hudson Valley, New York City, or elsewhere in the state.
The court’s job is to:
- Confirm the will is valid (if one exists)
- Officially appoint someone to act on behalf of the estate
- Oversee that the estate’s debts are paid and assets are distributed correctly
Note: “Probate” technically refers to the court process for a will-based estate. When there’s no will, the correct term is “administration,” though both fall under the Surrogate’s Court’s jurisdiction. This guide uses “probate” broadly to describe both processes.
Who Handles It?
As a Certified Probate Real Estate Specialist, Guardian Realty Center works alongside the estate’s attorney to make sure every document and deadline is handled correctly.
If there’s a will, it usually names an executor — the person responsible for carrying out its terms. If there’s no will, the court appoints an administrator, typically a close family member, following New York’s inheritance laws under EPTL § 4-1.1.
Either way, this person needs the court’s formal approval, called Letters Testamentary or Letters of Administration, before they can legally sell the house, close bank accounts, or handle other estate business.
Why This Matters for Selling a Home
Many families are surprised to learn they can’t just list the house right away. Without Letters Testamentary or Letters of Administration, the estate’s representative generally lacks legal authority to sign a binding purchase contract or transfer title. Some brokers may take listing photos or prepare marketing in advance, but no binding agreement can be signed until Letters are issued. This is one of the most common reasons estate home sales get delayed, not because of the real estate market, but because of where things stand in the court process.
The good news: once Letters are issued, selling the home works much like a traditional sale. The executor or administrator will sign the purchase contract and deed, often using a fiduciary deed rather than a standard warranty deed, and provide the title company with certified copies of the Letters and the death certificate.
How Long Does Probate Take in New York?
Probate timelines vary by county and by how complete the paperwork is, but here is what most Westchester and Hudson Valley families can expect:
| Estate Type | Typical Timeline | Key Factor |
|---|---|---|
| Straightforward probate (will, no contest) | 6 – 12 months | County backlog and paperwork completeness |
| Complex or contested estate | 1 – 3+ years | Will contests, creditor claims, or tax issues |
| Voluntary Administration (small estate) | 2 – 8 weeks | $50,000 or less in personal property |
These ranges reflect typical processing times reported by Westchester and Putnam County Surrogate’s Courts and general practitioner experience; actual timelines vary by court backlog, estate complexity, and family circumstances.
New York Probate Timeline: Steps to Sell an Inherited Home
The path from filing to closing typically follows these four stages:
Do All Estates Need Full Probate?
Whatever the outcome, our team handles estate and probate sales from valuation through closing.
Not every estate needs full probate, but real estate changes the equation.
Under the New York Surrogate’s Court Procedure Act (SCPA), estates with $50,000 or less in personal property may qualify for Voluntary Administration, a simplified, faster process. However, if the deceased owned a home or land in their sole name, full probate (or an ancillary proceeding) is generally required regardless of the estate’s total value.
Assets that typically bypass probate include:
- Property held in a living trust
- Accounts or property held in joint tenancy with right of survivorship
- Life insurance or retirement accounts with a named beneficiary
Frequently Asked Questions About Probate in New York
How long does probate take in New York?
Probate in New York typically takes 6 to 18 months for straightforward estates. Complex estates, will contests, or incomplete paperwork can extend the timeline to 2 years or more. Smaller estates with $50,000 or less in personal property may qualify for Voluntary Administration, which can be completed in 2 to 8 weeks.
Can you sell a house during probate in New York?
Without Letters Testamentary (if there is a will) or Letters of Administration (if there is no will), the estate’s representative generally lacks legal authority to sign a binding purchase contract or transfer title. Once these Letters are granted, the executor or administrator has the legal authority to sign listing agreements, contracts, and deeds often using a fiduciary deed rather than a standard warranty deed.
What is the difference between an executor and an administrator in New York?
An executor is named in the will and formally appointed by the Surrogate’s Court to carry out the decedent’s wishes. An administrator is appointed by the court when there is no valid will (intestacy), typically a close family member, such as a spouse or child, under New York’s intestacy laws at EPTL § 4-1.1.
Do all estates in New York have to go through full probate?
No. New York offers a simplified Voluntary Administration proceeding for estates with $50,000 or less in personal property. However, if the deceased owned real estate in their sole name, full probate is generally required. Assets held in a living trust, joint tenancy with right of survivorship, or with named beneficiaries typically bypass probate entirely.
Related Reading
If you’re navigating this process, these guides may also help:
- What Happens to a House When Someone Dies?
- Selling a Loved One’s Home After They Pass Away
- Selling a Property in Probate in New York
Sources
- New York Surrogate’s Court Procedure Act (SCPA)
- NY Estates, Powers and Trusts Law (EPTL) § 4-1.1
- NY State Surrogate’s Court Official Overview
Bottom Line
Probate isn’t something to fear; it’s simply the legal framework that protects everyone involved: heirs, creditors, and buyers. Understanding where your family stands in the process is the first step toward a smooth home sale.
If you’re navigating probate and need guidance on when and how to list an inherited home in the Hudson Valley or Westchester area, Guardian Realty Center works with families through every stage of this process. Contact us today for a confidential consultation.
About Guardian Realty Center
Guardian Realty Center is a licensed real estate brokerage serving families throughout Westchester County and the Hudson Valley. We specialize in probate and estate property sales, working alongside experienced New York probate attorneys to help families navigate complex transactions with clarity and care.
This article is provided for general informational purposes only and does not constitute legal advice. Every estate is different, and laws and procedures can change. Please consult a licensed New York attorney regarding your specific situation.