How to Sell a House
in Probate in
Buffalo NY

Before any sale can happen, the executor must have Letters Testamentary — the legal document issued by Erie County Surrogate’s Court that grants authority to act on behalf of the estate. File the petition at 92 Franklin Street, 2nd Floor, Buffalo NY 14202. Phone: (716) 845-2560. Filing fees range from $45 (estates under $10,000) to $1,250 (estates over $500,000). All documents must be e-filed through NYSCEF — original wills and death certificates must be submitted in hard copy. Allow 4–8 weeks from filing to receipt of Letters Testamentary in a straightforward estate.

As executor, you have a fiduciary duty to get fair value for estate assets. A professional appraisal establishes the fair market value of the property as of the date of death — which is also the basis for the step-up in basis tax calculation. This protects the executor from claims by beneficiaries that the property was sold below value. NCB’s cash offer will be within the range a professional appraiser establishes for a property in as-is condition.

In most NYS estates, the executor must obtain court approval before selling real property. This involves filing a petition with Erie County Surrogate’s Court describing the property, the proposed sale terms, and the rationale. The court will issue an order authorizing the sale. In some estates — particularly where all beneficiaries consent — this can be expedited. Your estate attorney will guide this process. NCB waits patiently while court procedures are completed.

Call (716) 557-7005 or submit at nickelcitybuyers.com. Describe the property and the estate situation. NCB will schedule a walkthrough at a time that works for the executor — we understand that executors may be managing this from out of state or alongside other estate duties. We have purchased 300+ properties in Western New York since 2013, including dozens of probate properties through Erie County Surrogate’s Court.

Within 24 hours of our walkthrough, NCB makes a written cash offer. The offer reflects the property’s as-is condition — no repairs required before or after acceptance. The executor reviews the offer, consults with the estate attorney if appropriate, and accepts or declines. There is no obligation and no pressure. Our offer accounts for all condition issues — deferred maintenance, code violations, hoarder situations, fire damage, whatever the property’s circumstances may be.

NCB works with an experienced Buffalo title company to run a full title search on the estate property. All liens are identified — mortgage payoff, IRS liens, judgment liens, HOA liens, mechanic’s liens, and delinquent Erie County property taxes. These are not deal-killers. They are resolved at closing from the sale proceeds. The executor does not need to bring cash to resolve liens — they come out of the NCB purchase price at the closing table simultaneously.

Once court approval is obtained and the title is clear, NCB can close in as little as 7–14 days. Because NCB pays cash — no bank, no mortgage, no financing contingency — there are no delays from the buyer’s side. The closing timeline is driven entirely by the court schedule and the executor’s availability. We close when you’re ready. We have closed probate transactions in as little as 10 days and have waited months for court approval — we are patient and our offer holds.

At closing, NCB pays cash directly to the estate account. All liens and back taxes are satisfied simultaneously from the purchase price. Any remaining equity goes to the estate for distribution to beneficiaries per the will or intestate succession law. The house is no longer a burden on the estate. No more property taxes to pay. No more insurance premiums. No more maintenance calls. The most complex asset in the estate is closed, cleanly, so the estate can move toward final distribution.