What Is Probate
Selling a Home Through
Probate in New York
Probate is the legal process of administering a deceased person's estate. If the deceased left a will, it must be validated by the court before assets — including real estate — can be sold or transferred.
In cases without a will, the court appoints an estate administrator. Either way, navigating a probate real estate sale requires experience, patience, and the right professional guidance.
At Montauk Dunes, we work alongside estate attorneys and families throughout Long Island and NYC to make this process as smooth and stress-free as possible.
Key Facts
Court Approval May Be Required
New York courts ensure property is sold at fair market value to protect all beneficiaries.
Timeline: Months to Over a Year
Complexity of the estate, disputes, and court schedules all affect duration.
Executor Liability Is Real
Executors can be personally liable for mismanaging the estate — proper guidance is essential.
Step-by-Step Process
How a Probate Sale
Works in New York
If there is a will, the named executor manages the estate. Without a will, the court appoints an administrator. Both are responsible for all aspects of the estate, including real estate.
In New York, court approval may be required to sell the property — especially if the sale is contested or not explicitly addressed in the will. The court protects beneficiaries by ensuring fair market value.
A formal appraisal is typically required to establish fair market value. We work with qualified appraisers and can assist in managing this step on your behalf.
We list the home with full disclosure that it is in probate, manage buyer expectations around timeline, and market it effectively to qualified buyers across Long Island and NYC.
Offers may require court approval before acceptance. In some cases, a court bidding process can allow higher offers even after one is accepted — we guide you through every scenario.
Sale proceeds are used to pay estate debts, taxes, and legal fees. Remaining funds are distributed to beneficiaries per the will or New York intestate law.
We recommend working alongside an estate attorney. We're happy to collaborate with your legal team or refer you to trusted professionals in the area.