Sell an Inherited House in Suffolk County

Who can sell an inherited house

It depends on whether there’s a will and how the house was owned.

• There’s a will. The executor named in it needs letters testamentary from the Surrogate’s Court. Until the court grants them, New York law lets an executor act only to preserve the estate (and pay reasonable funeral costs), not to sell any of it.^[1]
• There’s no will. The court issues letters of administration to a qualified heir, which give that person authority to gather the property and distribute it under the law.^[2]
• Once letters are issued, an executor or administrator has power under state law to sell estate property the will doesn’t leave to a specific person, at a public or private sale, unless the will or the court limits that power. If a will prohibits a sale, the Surrogate can still approve one for a purpose the law allows.^[3]
• A transfer-on-death deed. Since July 19, 2024, New York has allowed transfer-on-death deeds. One recorded before the owner died passes the house to the named beneficiaries at death. The Suffolk County Clerk records these deeds but doesn’t supply the form.^[4]

The small estate process doesn’t cover a house. It’s for personal property worth $50,000 or less, and it doesn’t reach New York real property. When the house was in the decedent’s name alone, the court’s own guidance says to file a probate proceeding if there’s a will, or an administration proceeding if there isn’t.^[5]

This page explains the general process and isn’t legal advice. The estate’s attorney can tell you what applies to yours.

The Surrogate’s Court in Riverhead

Suffolk County’s Surrogate’s Court is at 320 Center Drive in Riverhead. It’s open Monday to Friday, 9am to 5pm, except state holidays, and the main number is 631-852-1745. Most of its records, including estate proceedings, can be looked up for free on the courts’ WebSurrogate service.^[6]

How a cash sale works with an estate

Mike Plactere will sign a contract before the estate’s letters of administration arrive, and we close once they do. That lets the family settle on a price and a plan while the court paperwork moves, instead of waiting to start.

• As-is, contents and all. You don’t clear out the house, fix it up or stage it. When a seller left a Mastic Beach house full of belongings, we cleared it out ourselves.
• No fees or commissions. We cover the standard seller-side closing costs. Any liens or back taxes are paid from the proceeds at closing.
• You pick the closing date, which helps when heirs live in different places or the court timing isn’t clear yet.
• A cash offer within 24 hours of seeing the house, with the math behind it.

If listing the house would likely net the estate more, we’ll say so.

Sources

1. New York Estates, Powers and Trusts Law § 11-1.3, official text. Checked November 10, 2026.
2. New York Courts, "Administration (when a person dies with no will)." Checked November 10, 2026.
3. New York Estates, Powers and Trusts Law § 11-1.1, official text. Checked November 10, 2026.
4. New York Real Property Law § 424, official text; Suffolk County Clerk, "Transfer on Death Deeds." Checked November 10, 2026.
5. New York Surrogate's Court Procedure Act §§ 1301 and 1302; New York Courts, "Small estate." Checked November 10, 2026.
6. New York Courts, Suffolk County Surrogate's Court and court protocols. Checked November 10, 2026.