Before an estate can sell a home, a buyer’s title company will want proof of who has authority. In most estates, that proof comes from the Surrogate’s Court.
Help on the property side of your letters
- 20+ years of Brooklyn and NYC real estate experience
- Free preliminary comps and a detailed CMA for families and attorneys
- Third-party vendors coordinated, so you make one call
Key takeaways
- Executors receive letters testamentary.
- Administrators receive letters of administration.
- Letters can restrict a sale of real property.
- Title will want proof of authority.
The estate sale journey
Death notificationVerify and gather records
Inventory assetsIdentify the property and costs
Court hearingsYour attorney handles the court
Property valuationComps and market analysis
Strategic marketingQualified buyers, once authorized
ClosingTitle, debts and distribution
See each stage in our Brooklyn probate and estate sale process.
What we can arrange while your attorney handles the court
Vendors are independent third parties. We coordinate them, and the person with legal authority decides what gets done.
Common court documents
| Document | Typical situation |
|---|---|
| Letters testamentary | There is a will naming an executor |
| Letters of administration | There is no will |
| Court order | May be needed if letters restrict a sale |
Avoid costly mistakes
The two most common documents
- Letters testamentary are issued to the executor named in a will.
- Letters of administration are issued to an administrator when there is no will.
Before you share details: we are real estate brokers, not attorneys or tax advisors. Legal, court and tax questions belong with your attorney, accountant and tax advisor.
Look for restrictions
Letters can include limits. Some say the fiduciary may not sell real property without further court approval. Read yours with your attorney before listing or signing anything.
Questions to ask your attorney
- Do my letters restrict a sale?
- Do I need a court order or consents from heirs?
- Can I sign a contract now, and what contingencies should it have?
- Are there co-executors who must sign?
- Are there estate tax or lien issues title will raise?
- Where do the sale proceeds go?
How a broker fits
We work alongside your attorney on pricing, marketing and showings. Legal authority and contract terms are for your attorney.
Frequently asked questions
How long do letters take?
It varies by case and court. Ask your attorney for a current estimate.
Can I list before letters issue?
Ask your attorney before marketing or signing anything.
Do all heirs have to sign?
It depends on the will, the letters and the title. Ask your attorney.
Helpful public resources
NY Courts: fiduciary responsibilities | ACRIS property records
Related reading
Mendy Lipsker, Founder and CEOMendy Realty Inc. is a licensed New York real estate brokerage. 718-751-0738.
This is not legal or tax advice. Consult with your attorney, accountant and tax advisor. Mendy Realty Inc. is a licensed real estate broker only. We are not attorneys, accountants or tax advisors. Equal Housing Opportunity.
