Title problems are a leading cause of delayed estate closings. Ordering the search early gives the estate time to clear them without holding up the sale.
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.
What a Title Search Finds
Outstanding mortgages, home-equity lines, tax liens, judgment liens against the decedent or heirs, Medicaid claims, and gaps in the chain of title from prior transfers.
Resolving Claims Before Closing
Most liens are simply paid from sale proceeds at closing. Others — like an old judgment or a title gap — may need affidavits, releases, or attorney work, which is why early discovery matters.
Establishing the Estate's Authority
The title company will require certified Letters to insure the sale, confirming the executor's authority to convey. Order the search as soon as the estate opens.
The title search is the single best way to avoid a closing-day surprise. Run it at the start of the estate so there's time to clear anything it finds.
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 liens are common on inherited property?
Mortgages, tax liens, judgments, and Medicaid recovery claims are the most frequent.
Do liens stop the sale?
No — most are paid from proceeds at closing so clean title can transfer.
Who clears the title issues?
The estate attorney and title company; your broker keeps the transaction moving.