Whether an estate can skip probate is decided by how title was held. Here are the main tools, and what they mean when it's time to sell.
This page is part of the Probate Real Estate New York guide. Not legal or tax advice — consult an estate attorney or tax professional for your situation.
Living Trusts
Property held in a revocable living trust passes to beneficiaries without probate; the successor trustee can sell right away per the trust terms. See selling inherited property.
Survivorship and Entirety
Joint tenancy with right of survivorship and tenancy by the entirety (married couples) pass automatically to the surviving owner. The survivor records an affidavit and can sell without probate.
Life Estate Deeds
A life estate deed lets the owner keep the home for life while it passes to named remaindermen at death, outside probate. Each tool has tax and Medicaid tradeoffs — get legal advice before setting one up.
These tools must be in place while the owner is living. After death, the estate follows however title was held — which is why planning ahead matters.
Handling an Estate Property Sale on Long Island?
Montauk Dunes Real Estate provides compassionate, expert guidance for executors and families in Nassau County, Suffolk County, and the Hamptons — including traveling notary services for estate documents. Call for a free, confidential consultation.
Call 646-234-2160Frequently Asked Questions
What property avoids probate in New York?
Assets in a trust, held with survivorship, or subject to a life estate pass outside probate.
Does a will avoid probate?
No — a will is administered through probate. Trusts and survivorship avoid it.
Can I sell trust property without Letters?
Yes — the successor trustee sells under the trust, no Surrogate's Court authority required.