Can I sell a house I inherited before probate is finished?

Generally no. Until the Surrogate's Court grants Letters Testamentary (where there is a will) or Letters of Administration (where there is not), no one has legal authority to transfer the property. You can prepare in the meantime, but the sale cannot close.

How long does probate take in New York?

Getting the letters commonly takes a few months, and longer where heirs disagree or the will is contested. Property taxes, insurance and any mortgage continue running throughout, which is why it is worth starting early even if you have not decided what to do.

What happens if the inherited house has a mortgage in default?

A mortgage does not pause because the owner died. If payments have been missed, the loan can go into default and foreclosure can begin against the estate. That situation is time-sensitive and belongs with a foreclosure defense attorney or a HUD-approved housing counselor, not with general guidance.

Do all the heirs have to agree to sell?

Usually yes, where several heirs share ownership. Where they cannot agree, the matter may require a partition action or the involvement of an estate attorney. This is a legal question rather than a real estate one.

What to Do When You Inherit a House in NY or NJ

First: you have more time than it feels like

Families often arrive at this in a panic, convinced they have to decide something this week. You almost certainly don't. What you do need to know is which things keep moving whether anyone attends to them or not.

🧾 Property taxes keep accruing They don't pause for a death. Unpaid taxes can eventually become a lien against the property.

🏠 Insurance may lapse — and a vacant house is a different risk Many policies change or void once a home is unoccupied. Tell the insurer what's happened rather than letting it drift.

🏦 A mortgage does not stop because the borrower died Payments remain due. This is the one that turns a slow situation into an urgent one, and it's covered further down.

Step 1 — The court confirms who can act

Before a home can be sold, the Surrogate's Court has to formally recognise who holds legal authority over the estate. Until that happens, nobody can sign a deed — not the spouse, not the children, not whoever has been paying the bills.

📜 If there is a will The executor named in it petitions the Surrogate's Court for Letters Testamentary.

📄 If there is no will A close relative petitions for Letters of Administration, and state law decides who inherits rather than the deceased.

In New York, getting those letters commonly takes a few months. Longer where heirs disagree, where the will is contested, or where someone entitled to notice can't be located.

What we can do here: explain the sequence so you know what you're waiting for, and point you to an estate attorney. The petition itself is legal work, and it belongs with a lawyer — not with us.

Step 2 — Find out what's attached to the house

Most families discover these one at a time, usually at the worst moment. Better to know early. These are questions to get answered — not documents to send us. We never ask you for financial records.

❓ Is there still a mortgage, and is it current? The servicer will tell the executor or administrator once the letters are granted.

❓ Was it a reverse mortgage? Different rules entirely, and a much faster clock — see the note below.

❓ Are there back property taxes, or liens? County and city records will show these. A title search finds the rest.

❓ Does the home need major repairs? This mostly affects which of the three paths below is realistic.

❓ Are there other heirs who share ownership? If so, selling generally needs all of them. Disagreement here is a legal matter, and an estate attorney is the right person for it.

If the mortgage is already behind

⚠ This changes the timeline, and it changes who you should call

If payments were missed before or after the death, the loan can fall into default and foreclosure can be started against the estate. That's a different situation from an ordinary inherited home, with its own deadlines and its own legal protections.

At that point the right first call is a foreclosure defense attorney or a HUD-approved housing counselor — counselors are free, always. We'll tell you who to contact in your county, and we take no fee for the referral.

Reverse mortgage? The clock is tighter — heirs generally have 30 days to respond to the lender and up to six months to resolve it, extendable with documented progress. There's also a protection most families never hear about: a HECM is non-recourse, so you can never owe more than the home is worth, and where the balance exceeds the value the debt can be satisfied at 95% of appraised value. Call us and we'll walk you through it.

Step 3 — Your three real options

🔑 Keep it Move in, or rent it out. Works where the property is in reasonable shape, the heirs agree, and someone can carry the taxes, insurance and any mortgage.

🏷️ List it on the open market Usually the most money, where the home shows well and you have time. This is the one we can handle directly — listed and sold by a licensed real estate salesperson, with our commission coming out of the closing rather than out of your pocket.

⚡ Sell it as-is Where the home is dated, still full of belongings, or you simply want it finished. These sales go for less than market, but they close fast and need no cleanout or repairs. We can list the property to as-is buyers, and you'll see what each one offers.

A word on as-is offers: the gap between a cash offer and a market sale is often larger than families expect. If you have the time and the house is sound, listing it usually nets more. We'll tell you honestly which one your situation points to, even when that's the one we don't get paid for.

What we can and can't do

Mango is a referral platform. We never charge homeowners a fee, and we don't do the legal work.

✓ Explain the sequence, in plain language What probate involves, what the letters are, what order things happen in, and roughly how long.

✓ Point you to the right professional An estate attorney for the probate, a foreclosure defense attorney or HUD counselor if the mortgage is behind. We take no referral fee from any of them.

✓ List and sell the property, if that's the path As a licensed real estate salesperson, with commission paid from the closing.

✕ We can't file the probate petition or give legal advice That's an attorney's work. We'll help you understand what they'll ask you.

✕ We can't settle a dispute between heirs Where heirs disagree about selling, that's a legal matter and needs a lawyer.

✕ We don't take your financial records Not tax returns, not bank statements. Those go from you to your attorney or your lender.

Last reviewed October 2026. General information about New York and New Jersey practice — not legal or tax advice. Please consult an attorney or tax professional about your own situation.

En Español

Heredó una casa. ¿Y ahora qué?

Nada tiene que pasar hoy. Pero los impuestos, el seguro y la hipoteca siguen corriendo — por eso vale la pena entender el proceso desde temprano.

⚖️ ¿Puedo vender la casa antes de terminar el proceso sucesorio? Generalmente no. Hasta que la Corte de Sucesiones (Surrogate's Court) otorgue las cartas correspondientes, nadie tiene autoridad legal para transferir la propiedad.

🕐 ¿Cuánto tarda? En Nueva York, obtener las cartas suele tomar varios meses — más si los herederos no están de acuerdo o si el testamento se disputa.

⚠️ ¿Y si la hipoteca está atrasada? Eso cambia todo. La ejecución hipotecaria puede comenzar contra la sucesión. Lo conectamos con un abogado o un consejero aprobado por HUD — los consejeros de HUD son gratuitos, siempre.

💬 ¿Cuánto cobra Mango? Nada. Nunca le cobramos al propietario. Si vendemos la casa, nuestra comisión sale del cierre — pagada de la transacción, no por usted.

Hablamos español. Llámenos y se lo explicamos con calma, paso a paso.