You inherited a house. Now someone has to sell it.

First question: who is allowed to sign?

A house that belonged to someone who has died can’t be sold by “the family” in general. A deed needs a signature from a person the law recognizes. Sometimes that is a surviving co-owner, for example a spouse who held the house jointly, and no court case is needed for the house at all. More often it is an executor the will names, or an administrator appointed when there is no will, and that person gets their authority from a court document called letters. Which court issues the letters is where New York and New Jersey part ways.

New York: the Surrogate’s Court

Every county in New York has a Surrogate’s Court, and the case belongs in the county where the person who died had their primary residence. That is not always where the house is. If your mother lived in Goshen but owned a cottage in Ulster County, the estate is still handled in Orange County.

• With a will: the named executor submits the original will along with a certified death certificate and the probate petition. When the Surrogate is satisfied the will is valid, the court issues Letters Testamentary.
• Without a will: the closest relative files for administration, including the funeral bill, the death certificate and a list of the legal heirs, who receive notice. The court then issues Letters of Administration.

Under New York’s Estates, Powers and Trusts Law, a fiduciary generally has the power to sell estate real estate, unless the will or the court’s order says otherwise. Courts do sometimes issue restricted letters that require further permission before a sale, so have the estate attorney read the exact wording on yours. New York also has a simplified small-estate process for estates of $50,000 or less, but a house usually pushes an estate past that, so expect the full proceeding.

New Jersey: the county Surrogate

New Jersey handles routine probate a little differently. Each county has an elected Surrogate whose office admits wills and issues letters for estates in that county. A few practical rules from the Bergen County Surrogate’s office:

• A will can’t be probated until ten days after the death, not counting the day of death itself.
• Bring the original will, a certified death certificate with a raised seal, and names and addresses of the closest next of kin.
• When there is no will, the administrator must be bonded, and some relatives may have to renounce or consent before an administrator is appointed.

New Jersey adds one step that New York sellers never see: the inheritance tax waiver. The Division of Taxation says New Jersey real estate of a resident decedent can’t be transferred without its written consent. When every beneficiary is a Class A relative, such as a spouse, child, grandchild or parent, the estate can usually request the real property waiver on Form L-9 instead of filing a full return. Siblings, nieces and nephews are not Class A, so their shares can mean a return and possibly tax. Your attorney or accountant will know which form fits.

The house full of belongings

This is usually the part that stalls families longest. A parent who lived somewhere for forty years leaves closets, a basement, a garage and an attic. Before you sell to us, take the photographs, the jewelry, the papers and anything with meaning. Leave the rest. The old sofa, the canned goods in the pantry, the broken lawn mower: clearing those out becomes part of the renovation after we buy.

A few things to check while the estate is open, regardless of who buys:

• Call the homeowner’s insurer; a policy in a deceased person’s name may need to be changed once nobody lives there.
• Keep the heat running all winter so no pipes freeze.
• Forward the mail so tax bills and utility notices reach whoever is handling the estate.
• Look for a mortgage, home equity line or reverse mortgage; any of those gets settled from the sale proceeds on closing day.

An empty estate house brings its own headaches, which we cover separately under selling a vacant house. If the house was never updated and needs a lot of work, selling a house that needs repairs explains how condition affects an offer. And if a surviving parent is moving somewhere smaller rather than the house passing through an estate, see downsizing.

What we need from you

To make an offer, only the address and access to the house. To close, the title company will need the letters, a death certificate and, in New Jersey, the tax waiver. Out-of-state heirs usually don’t need to travel; the executor or administrator signs on the estate’s behalf. The steps from the first call to closing are laid out on how it works, and you can reach Greg or Brett through the contact page or at (845) 367-4898.

We are buyers, not estate lawyers. Probate rules have exceptions, deadlines and tax consequences that depend on the family, so please talk to an attorney who handles estates in the county where your parent lived.