How do I sell a house in probate on Long Island?

When someone dies owning a house, the estate cannot just sell it. The Surrogate's Court has to appoint someone to act for the estate first. That person is an executor if there is a will, and an administrator if there is not. The appointment comes as Letters Testamentary or Letters of Administration. Until those are issued, no one has authority to sell.

The first step is a consultation with an estates attorney. I refer families to Colleen M. Terry, Esq., of the Law Office of Colleen M. Terry, PLLC. She handles probate and estate administration. Her profile is at https://libaresources.com/members/colleen-terry. I do not give legal advice. That is her job.

While the court process runs, I help with the real estate side. Securing the home, including changing locks, shutting off utilities, and weatherproofing, is protecting the estate, not administering it. Cleanouts, repairs, and updates are coordinated with Colleen's guidance on what the court allows. I do not remove belongings or sell anything until the court appoints someone.

The timeline and cost depend on the county, whether there is a will, and whether anyone objects. Colleen can give a realistic estimate for that situation.

The house can often be listed and under contract while probate is still open, as long as the closing happens after the court has granted authority. The buyer's title company will require a certificate of letters, usually dated within six months of closing.