YOU HAVE
AUTHORITY.
USE IT.
Executor Guide Selling Inherited Property Erie County NY — Letters Testamentary — NCB Cash Buyer Buffalo
As executor of an estate with real estate in Buffalo or Erie County, you were given a job to do — and a legal obligation to do it properly. This guide covers exactly what your authority is, what the court requires, and how NCB closes on your timeline.
NCB is not a law firm. Educational only — not legal advice. Free referrals: Bar Association of Erie County — (716) 852-8687 · Legal Aid Bureau of Buffalo — (716) 853-9555.
Your Legal Authority
Letters Testamentary is the court document issued by Erie County Surrogate’s Court that says, officially: this person has legal authority to act as executor of this estate. Without it, you are named in the will but have no power. With it, you can open estate accounts, manage property, pay creditors, and sell real estate.
Nothing moves without Letters Testamentary. Title companies will not insure any transaction without certified copies. Mortgage payoffs cannot be authorized. No deed can be signed. If you have Letters Testamentary in hand right now — call NCB at (716) 557-7005. We can make a cash offer today and prepare for closing while the court’s sale approval is being obtained. We do not slow down the process — we are ready when the court is ready.
to Closing — 7 Steps
Each step is required. Skipping steps creates personal liability. Follow them in order.
File the original will, original certified death certificate, and petition at 92 Franklin Street, 2nd Floor, Buffalo NY 14202 — (716) 845-2560. E-file through NYSCEF — originals submitted as hard copies. Filing fees: $45 (under $10K) to $1,250 (over $500K). Court hours: Monday–Friday 9AM–5PM. Allow 4–8 weeks for routine processing to Letters Testamentary in an uncontested estate.
Keep certified copies — title companies, attorneys, and NCB will require them. Letters Testamentary are dated and remain valid unless the court revokes your appointment. The moment you receive Letters Testamentary: call NCB at (716) 557-7005. We begin our evaluation of the estate property immediately and can have a written cash offer within 24 hours.
As executor, you are required to inventory all estate assets including real property. A professional appraisal establishes fair market value as of the date of death — this is your fiduciary defense. It establishes the step-up in basis for tax purposes and provides the benchmark against which any sale price will be evaluated. A sale significantly below appraised value can expose you to claims of breach of fiduciary duty.
In most NYS estates, court approval is required before selling estate real property. The executor files a petition with Erie County Surrogate’s Court describing the property, proposed sale terms, and basis for the sale. All beneficiaries receive notice and an opportunity to object. This process typically takes 4–12 weeks. Your estate attorney handles this petition — contact NCB before it is filed so the petition includes NCB’s specific offer terms.
Once court approval is obtained, you sign a purchase agreement with NCB. NCB’s cash offer requires no repairs, no inspections by the buyer, no financing contingency, and no appraisal. The purchase agreement is straightforward — your estate attorney reviews it before signing. NCB works with estate attorneys regularly and our documents are written to accommodate the probate process.
NCB engages a Buffalo title company to conduct a full title search. All liens are identified — mortgage payoff, IRS liens, judgment liens, HOA arrears, delinquent Erie County property taxes. These are all resolved simultaneously at the closing table from NCB’s purchase price. The executor does not need to pre-fund lien payoffs. The estate receives the net amount after all liens are satisfied.
At closing, the executor signs the deed transferring the property to NCB. NCB pays cash directly to the estate account — same day wire or certified check. The property is no longer part of the estate. Property taxes, insurance, and maintenance obligations end immediately. The estate has liquid assets to proceed toward final distribution to beneficiaries.
What It Actually Means
As executor, you are a fiduciary — you are legally obligated to act in the best interests of the estate and its beneficiaries. When it comes to selling estate real property, this means: obtain a professional appraisal, seek court approval for the sale, achieve a fair price relative to the property’s condition and market, document your decision-making process, and treat all beneficiaries equally.
Yes — with court approval. There is no requirement in New York that estate real property be listed on the MLS or sold through an agent. The executor’s obligation is to achieve a fair price — not to use any specific sales method.
A cash sale to NCB at a price supported by a professional appraisal and approved by the court fully satisfies the executor’s fiduciary obligations. Selling to NCB is often the most defensible choice precisely because it eliminates financing risk, reduces carrying costs, and closes faster — all legitimate fiduciary considerations that NCB’s written offer documentation supports.
When beneficiaries disagree with the executor’s decision to sell — the executor’s court-approved authority generally prevails, provided proper process was followed. NCB provides written offer documentation your attorney can use in the court approval petition to defend the sale. See: Executor Liability in New York →
Key Facts for Executors
Executor Selling
Inherited Property — FAQ
Do executors need court approval to sell real estate in New York State?
In most cases, yes. New York State generally requires court approval before an executor can sell estate real property. The executor petitions Erie County Surrogate’s Court, describes the property and proposed sale terms, and the court issues a decree authorizing the sale. All beneficiaries receive notice and can object. There are limited exceptions depending on the will’s language and beneficiary consent. Your estate attorney determines what your specific estate requires.
What if a beneficiary objects to the executor selling to NCB?
A beneficiary’s objection does not automatically stop the sale. The executor has fiduciary authority granted by the court, and can proceed with a court-approved sale even if individual beneficiaries disagree — provided proper process was followed: professional appraisal, court petition, proper notice. NCB provides written offer documentation your attorney can use in the court approval petition. For complex multi-heir disputes, see: Selling With Multiple Heirs →
Can the executor sell the house before other probate matters are resolved?
Yes — the executor can sell the real property while other estate matters are still pending. Sale proceeds go into the estate account and are held until the estate is ready for final distribution. Selling the property early is often the right fiduciary decision because it stops carrying costs, eliminates the ongoing liability of maintaining vacant property, and converts an illiquid asset into cash the estate can use to pay creditors and administration expenses.
How long does it take to get Letters Testamentary in Erie County?
In a straightforward, uncontested estate with a properly executed will, Letters Testamentary are typically issued within 4–8 weeks of filing the petition at Erie County Surrogate’s Court. This timeline extends if the court has a heavy caseload, if the will is challenged, if there are filing errors, or if distributees cannot be located. The Buffalo News must publish a legal notice, and all distributees must receive service of the citation before the court can proceed. File as early as possible after the death.
Is the executor personally responsible for the property during probate?
Yes. As executor, you are responsible for maintaining estate property during the probate period — paying property taxes, maintaining insurance coverage, securing the property, and addressing urgent maintenance issues. If the property deteriorates due to the executor’s neglect, beneficiaries can hold the executor personally liable. This ongoing personal responsibility is one of the strongest practical reasons to sell the property as soon as practical after Letters Testamentary are issued. See: Executor Liability in New York →
What documents does NCB need from the executor to proceed?
To make a cash offer, NCB needs only the property address and the opportunity to conduct a walkthrough. To proceed to a purchase agreement, NCB will require a copy of Letters Testamentary or Letters of Administration confirming the executor’s authority. At closing, the title company will require certified copies of Letters Testamentary, the court decree authorizing the sale, and any other documents required by the title insurer. Your estate attorney coordinates these documents — NCB works within that process. Call (716) 557-7005 to start.
Nickel City Buyers — Executor Guide — Probate Property Sales — Erie County NY Since 2013
Nickel City Buyers, LLC is not a law firm. Located at 3842 Harlem Rd STE 400-339, Cheektowaga, NY 14215. Phone: (716) 557-7005. Erie County Surrogate’s Court: 92 Franklin St, 2nd Floor, Buffalo NY 14202 — (716) 845-2560 — SurrogateCourt@erie.gov — Mon–Fri 9AM–5PM. Filing fees $45–$1,250. Legal notices published in Buffalo News. We serve Buffalo, Cheektowaga, Amherst, Tonawanda, Lackawanna, West Seneca, Hamburg, Orchard Park, Lancaster, Depew, Kenmore, Williamsville, East Aurora, Clarence, Akron, Grand Island, Niagara Falls, Lockport, North Tonawanda, Lewiston, Newfane, Pendleton. A+ BBB. 5.0 Google. 300+ homes since 2013. Probate Hub → · Probate Situation Page →
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