Inheriting a house often comes with a lot at once: grief, family decisions, an empty building that still needs heat, insurance, and taxes. I buy inherited houses as-is, including the belongings left inside if you want.
Who can sign. Usually the executor (named in a will, with letters testamentary) or the administrator (no will, with letters of administration), both issued by the Surrogate’s Court. Under EPTL 11-1.1, a fiduciary generally has power to sell estate real property unless the will or court order limits it, or the house was specifically left to a named person. Check your letters for restrictions with your estate attorney.
What I can help with: no repairs, no cleanout, flexible closing to match the estate timeline, and working with the estate attorney and all heirs. What you’ll still need: your own estate attorney, the letters, and agreement among the parties who must sign. Full guide: How to sell an inherited house in NYC. [PLACEHOLDER: one real estate purchase story from Naor] Get an offer
Which Surrogate’s Court handles the estate
The petition is filed in the county where the person lived: Kings (Brooklyn), Queens, Bronx, Richmond (Staten Island), or New York (Manhattan).
Before you sign anything
- Look at your letters. Check whether they say “restricted as to real property.” If they do, your attorney needs a further court order before closing.
- Fresh letters for closing. Title companies often want letters issued recently, so ask your attorney to re-certify them shortly before closing.
- Get a date-of-death value. An appraisal sets the tax basis, and it also documents that the sale price was fair. As a fiduciary, the executor owes that to the beneficiaries.
- Keep the house insured and heated. A vacant house usually needs a vacant-property policy.
- Closing paperwork. Estate sales often need extra forms; your attorney may ask for NYS forms such as ET-117 (estate tax lien release) or IT-2663 (if the estate or heirs are nonresidents).
Common questions
- Can we sell before probate is finished? Usually once letters are issued, unless they are restricted. Ask your estate attorney.
- Do all the heirs have to agree? It depends on the will and the letters. Disagreements are the most common delay.
- Do we have to empty the house? No. You can leave furniture and belongings.
Related: house needs repairs · all situations · FAQ
Keeping the family house? See brownstone and townhouse renovation or renovation services.