Can you Sell a House in Probate in Queens?
Can you Sell a House in Probate in Queens NY? Courtesy of the Queens Home Team at Keller Williams Realty Landmark II. Need help? Contact us anytime.
The Short Answer
We’ve sold a lot of homes both during and after probate so we are very familiar with the steps involved and timeline to expect here in Queens. The short answer to this question is yes, because you can definitely start the process of selling a house if it is in the Queens probate process. However, the truth is that you cannot close until the probate process is complete so essentially, you cannot really sell the house until the probate process is complete. In order to understand the process of selling a house in Probate, it is important to understand the probate process itself.
Probate vs Administration
For starters, when a Decedent (the person who died) had a Will then the Will must be filed in Surrogate’s Court and admitted for probate. If the Decedent died without a Will, then an administration proceeding should be filed. If the Decedent had less than $30,000 of personal property with a Will or without a Will, then a small estate, also called a voluntary administration proceeding, can be filed instead.
Probate is the process of proving that the Will is valid. During probate, the Will is proved to the satisfaction of the court that it’s the Last Will and Testament of the person who died. Once the Surrogate (the judge in Surrogate’s Court) is convinced of the validity of the Will, the Executor named in the Will is appointed to distribute the estate and carry out the wishes of the person who died. The Surrogate’s Court oversees this process.
Administration is the process where the Surrogate’s Court issues Letters of Administration to a qualified distributee of the Decedent. Letters of Administration appoints a Decedent’s distributee and gives them the authority to collect and distribute the Decedent’s property according to the law. In our experience, both Administration and Probate proceedings take about 3-4 months to complete.
When can you list the house?
Once you know what proceeding you must be completed, then you begin the initial process which involves several steps before you can actually file paperwork with the surrogates court. In other words, there are certain things you must take care of before you can file the Probate or Administration paperwork with the surrogates court. Whenever we meet with homeowners who are in this situation, we typically advise them not to list the home for sale until all paperwork is filed with the surrogates court. The reason why is because as we mentioned, the process can take anywhere from 12-16 weeks to complete.
So, if you wait until the paperwork is filed with the surrogates court, then you will have 3-4 months before you can actually close. It typically takes 30-60 days to find a buyer for our listings and about 60-90 days from contract to closing in Queens. Therefore, if you do the math, the timeline from beginning to end is about 90 – 150 days (or 3-5 months). This allows you enough time to complete the probate or administration proceeding. If you find a buyer right away, then the timing may be tight so you would need to be up front about the situation and also ask for a 3-4 month closing date.
What about the contract?
Now, once you find a buyer, it is important to advise them and their attorney about the probate or administration proceeding because the contract will need to include language stating that the sale is subject to letters of testamentary being issued by the surrogates court.
With all that said, yes you can sell a house in Probate in Queens, just be mindful that you cannot close until the probate or administration process is complete. Aside from that, you are good to go. If you need any help with selling a house in Probate in Queens NY, or if you need recommendations to good Probate Attorneys, feel free contact us anytime.
Can you Sell a House in Probate in Queens NY, courtesy of the Queens Home Team at Keller Williams Realty Landmark II. For more information about selling a house in Queens, please don’t hesitate to contact us. We have members on our team who specialize in listing & selling homes all throughout Queens. Our listing specialists can help you understand how much your home is worth, how much you will walk away with after the sale, and what you can expect throughout the process. Queens real estate agents are not created equal, so if you want to have a smooth sale and net the most money possible, partner up with a local Queens real estate expert.
The Queens Home Team is a group of friendly, service driven Probate real estate agents in Queens NY. Our team members are not only experts at what they do, but more importantly, they are driven by their desire to help people. The team approach is what truly separates us from the average Queens Probate broker, because while most agents are one person doing several things, we have several agents doing one thing, and being great at it! This ensures expertise throughout all stages of the transaction and allows us to provide the superior level of service our clients deserve. We understand that real estate is a service industry, therefore we treat it as such. Rest assured that when you work with the Queens Home Team, you’ll be in good hands, with people who care 🙂