We understand how difficult it is to lose a loved one. At the same time, the legal process of sorting out an estate can feel overwhelming, especially when you are grieving. One of the biggest questions families have is whether a house in probate can be sold and what the process looks like. The good news is that a probate lawyer can help you navigate New York’s often complex probate procedures.
At the Law Office of Andrew M. Lamkin, P.C., we have the tools and experience necessary to assist with even the most complicated probate matters. Founding attorney Andrew Lamkin has more than a decade of experience guiding families through probate, including situations involving selling a home in probate.
Below, we explain the probate process and outline the basics of how to sell a house during probate in New York. We hope this helps you feel more prepared when it is time to move forward.
What Is Probate and How Does it Work?
Probate is the legal process used to settle the assets, property, and liabilities of a deceased person (the decedent). The court typically appoints an executor—either the individual named in the will or someone selected by the court—to handle these responsibilities.
The executor prepares an inventory of all assets, including real estate, personal property, investments, and bank accounts. They must then notify creditors and beneficiaries, determine the value of the estate, pay debts, and distribute assets according to the will and New York probate laws. Once the executor completes these duties, they can petition the court to close the estate.
Selling a House During Probate
Real estate sales in probate are more complex than traditional home sales, so it is wise to consult a probate attorney before moving forward. Below is a simplified explanation of how to sell a house during probate and what to expect.
Step 1: Find a Probate Real Estate Agent and a Probate Attorney
Before listing the property, the executor should find a real estate agent experienced with selling a home in probate. An agent familiar with probate sales can evaluate the home’s fair market value, advise on marketing strategies, and suggest any necessary repairs.
The executor should also work with a probate lawyer. A probate attorney understands the relevant laws and will ensure that all required procedures are followed. If you are looking for legal guidance, Andrew M. Lamkin, P.C. can help you navigate the probate process in New York.
Step 2: Get the Property Appraised
An appraisal is essential when selling a house in probate. The valuation helps the court determine an appropriate sale price and is typically required for all real property within the estate. The executor can hire a licensed appraiser, though in some cases the court may appoint one. The probate attorney helps ensure compliance with all appraisal requirements.
Step 3: Clear Title to the Property
Mortgages and creditor claims must be addressed, either by paying them from estate funds, negotiating them, or satisfying them at closing. If the estate does not have enough funds to cover outstanding debts, the executor may need to negotiate with creditors or agree to pay them once the home is sold.
This step is crucial because if a house is in probate, can it be sold? Only if title issues are resolved.
Step 4: List and Market the Property
Once the appraisal is complete and title issues are cleared, the real estate agent can list the property. The agent will help create a marketing plan that may include online listings, open houses, and other strategies to attract buyers interested in probate properties.
Step 5: Review the Offers and Negotiate the Sale
The executor should carefully review all offers. They may need to work with the agent to negotiate better terms. Generally, the court requires that the sale price remain reasonably close to the appraised value to protect beneficiaries and ensure that the executor fulfills their fiduciary duty.
Step 6: Obtain Court Approval
In many cases—particularly when the executor does not have independent authority to sell real property—the executor must obtain court approval of the sale. This involves submitting the contract and related documents for review.
Step 7: Close the Sale
Once the court approves the sale, the executor can proceed to closing. All documents must comply with New York State requirements. A probate attorney can ensure the closing is properly executed.
Work With a Probate Attorney Who Understands New York’s Process
Attorney Andrew Lamkin is an experienced legal practitioner in the fields of elder law, probate, trusts and wills, and estate planning. He has helped numerous clients through the probate process, and he has intimate knowledge of the relevant procedures.
As a compassionate advocate, Andrew Lamkin always tries to ensure the best results for his clients. So, if you choose attorney Andrew Lamkin to help guide you through the probate process, you can rest assured knowing that you are in good hands.To schedule a free consultation, contact our office today.
Directions to Our Elder Law & Probate Attorney Office
Andrew Lamkin is principal in the law firm of Andrew M. Lamkin, P.C., where he focuses his practice in the areas of elder law, estate planning and special needs planning, including Wills and Trusts, Medicaid planning, estate administration and residential real estate transactions. He is admitted to practice law in New York and New Jersey.
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