No Will.
Not
The End.
House in Probate No Will New York — Intestate Succession Erie County — Administrator Letters of Administration
If someone died without a will and left a house in Buffalo or Erie County, the court still has a clear process. New York State intestate succession law determines who inherits. The court appoints an administrator. The property can still be sold. This guide explains exactly how it works.
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.
What Happens to the House
When someone dies without a valid will in New York State, they are said to have died intestate. The house — if it was solely owned in the deceased’s name — does not automatically transfer to anyone. It goes through Erie County Surrogate’s Court, just as it would with a will. The difference is that New York State’s intestate succession law, rather than the deceased’s wishes, determines who inherits.
Intestate administration is often more complicated than probate with a valid will because the court must identify all legal heirs under the succession statute, there is no named executor, and the administrator must typically be bonded. This does not prevent the house from being sold — it adds steps and typically extends the timeline.
When the administrator has Letters of Administration from Erie County Surrogate’s Court, NCB can make a cash offer in 24 hours and close in 7–14 days or on the court’s schedule — the same as with Letters Testamentary. Call (716) 557-7005 as soon as Letters of Administration are issued.
In Exact Order
New York’s EPTL Article 4-1.1 specifies the exact order in which relatives inherit when there is no will. The court follows this order precisely.
The critical implication for a Buffalo house: every heir identified in the succession order must be located and served before the administrator can act. If an heir cannot be found, the court may appoint a guardian ad litem to represent their interests. This is the most common cause of extended timelines in intestate estates. Your estate attorney handles the heir identification and notification process.
What’s the Difference?
When there is no will, the court appoints an administrator instead of an executor. The administrator receives Letters of Administration from Erie County Surrogate’s Court — this document carries the same legal authority as Letters Testamentary, including the authority to sell estate real property with court approval.
- Court-appointed, not named in a will
- Priority: surviving spouse first, then children, then parents
- Receives Letters of Administration
- Bond almost always required
- Distribution follows NYS intestate succession law
- All heirs must be identified and notified
- Typically takes longer than testate probate
- Named in the will by the deceased
- Court validates will and confirms appointment
- Receives Letters Testamentary
- Bond may be waived by will or heir consent
- Distribution follows the will’s instructions
- Named beneficiaries receive notice
- Typically faster when uncontested
For the purposes of selling estate real property to NCB — Letters of Administration and Letters Testamentary carry the same authority. NCB works identically with both. The administrator needs court approval to sell just as the executor does. The process from Letters to closing is the same.
Without a Will
The administrator follows the same sale process as the executor — petition Erie County Surrogate’s Court for approval to sell, receive the decree, and then proceed to closing. The key differences in an intestate estate: all heirs identified in the succession order must consent or have been given notice and opportunity to object, and the bond requirement is rarely waivable without a will expressly doing so.
NCB has purchased probate properties in Erie County through both testate and intestate administration. We are familiar with the additional steps intestate estates require, and we hold our offer firm throughout the court process. We do not lower our offer because the estate is intestate. The property’s value is the same regardless of whether the deceased left a will.
House in Probate,
No Will — FAQ
Can the house be sold if there’s no will?
Yes. The absence of a will does not prevent the estate property from being sold. The court-appointed administrator, once issued Letters of Administration by Erie County Surrogate’s Court, has the legal authority to sell estate real property — with court approval — just as an executor does under a will. The process takes longer because all legal heirs must be identified and notified, but the property absolutely can be sold to NCB under the same terms. Call (716) 557-7005 once Letters of Administration are issued.
Who gets priority to be appointed administrator in New York?
New York law sets a clear priority order for administrator appointment: first, the surviving spouse; second, adult children; third, parents; fourth, siblings. The court prefers to appoint someone with a financial interest in the estate who is also competent and willing to serve. If the preferred persons decline or are unavailable, the court can appoint other interested parties. When multiple heirs want to be administrator and cannot agree, the court decides or may require them to all serve together as co-administrators.
What if heirs disagree about whether to sell the house?
In an intestate estate, the administrator has fiduciary authority to sell the property with court approval even if individual heirs prefer not to sell. The administrator must demonstrate the sale is in the estate’s interest — which it typically is, given carrying costs, liability, and the practical impossibility of jointly maintaining a property. Heirs who object can be heard by the court, but they cannot unilaterally veto a court-approved sale. See our guide: Selling With Multiple Heirs →
Is the process different if there are children from multiple relationships?
Intestate succession in New York applies equally to all biological and legally adopted children, regardless of which relationship they came from. All surviving children must be identified, located, and served with proper notice of the estate proceeding. Half-siblings share equally with full siblings. Children born outside of marriage inherit from their mother automatically; inheritance from the father requires proof of paternity under NYS law. Your estate attorney handles these determinations. This is one of the most complex aspects of intestate estates with children from multiple relationships.
Does an intestate estate cost more to administer than one with a will?
Generally yes — intestate administration typically involves higher legal fees and court costs because: the administrator bond is rarely waivable, heir search and notification requirements are more extensive, the administrator appointment process requires additional court proceedings, and the overall timeline is longer. These costs are estate expenses paid before distribution to heirs. Selling the Buffalo property to NCB quickly minimizes the ongoing carrying costs that continue to accumulate throughout the administration period.
Can NCB still close quickly if the estate is intestate?
Yes. Once the administrator has Letters of Administration and the court issues a decree approving the sale, NCB can close in 7–14 days — the same timeline as with a will. We make our cash offer as soon as Letters of Administration are issued and hold it firm throughout the court approval process. We have purchased intestate estate properties in Buffalo and Erie County multiple times. The key is contacting us early — call (716) 557-7005 when Letters of Administration are in hand.
Nickel City Buyers — Probate Property Cash Buyers — Buffalo & Western New York 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. We work with both Letters Testamentary and Letters of Administration. 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 and all of Erie and Niagara County. A+ BBB. 5.0 Google. 300+ homes since 2013. Probate Hub →
No Will.
No Problem.
Once Letters of Administration are issued — NCB makes a cash offer in 24 hours and closes on your court schedule. No repairs. No commissions.