Selling a Home in Probate
Erie County, New York
When a Buffalo homeowner dies, their home typically passes through Erie County Surrogate’s Court before it can be sold. This guide covers how the probate process works, what authority the executor has to sell, when court approval is required, and how NCB works with estate attorneys to close on probate properties — often much faster than a traditional sale.
NCB is not a law firm. General educational information. Laws change. Consult a licensed NY elder law attorney. Bar Association of Erie County: (716) 852-8687
in Erie County NY
Erie County Surrogate’s Court is located at 92 Franklin Street, Buffalo, NY 14202. It processes hundreds of estate proceedings annually — including estate sales of Buffalo-area homes. NCB has closed on probate properties through this court since 2013.
The will (if one exists) is filed with Erie County Surrogate’s Court. The court admits the will to probate and issues Letters Testamentary to the named executor.
Letters Testamentary give the executor legal authority to act on behalf of the estate — including selling real property. Without Letters, a buyer’s title company will not close.
The executor signs the deed as “John Smith, as Executor of the Estate of Mary Smith.” Erie County title companies — all subject to the 1920-bar standard for title examination — require Letters Testamentary to be recorded alongside the deed.
If the decedent received Medicaid benefits, OMIG may file a creditor claim in the probate proceeding. The estate attorney handles this claim before or at closing.
Is and Isn’t Required
Whether a probate home sale in Erie County requires court approval depends on the terms of the will and the estate’s circumstances.
| Situation | Court Approval Required? |
|---|---|
| Will grants executor full power of sale | Typically No — executor can sell without court approval |
| Will is silent on power of sale | Depends — attorney review required |
| No will (intestate estate) | Administrator may need court approval |
| Beneficiaries object to sale | Court may need to resolve the dispute |
| Property value is at issue | Court may require appraisal |
When court approval is not required and the executor has full power of sale, NCB can close quickly — working directly with the estate attorney on the timeline. When court approval is needed, NCB holds the contract in place while the proceeding runs.
NCB has closed probate sales in Erie County with and without court approval requirements. We work directly with the estate attorney, hold contracts through court approval periods, and close once authority is confirmed. Cash offer in 24 hours. (716) 557-7005.
the Probate Estate
For estates where the decedent received Medicaid long-term care benefits, the probate proceeding is where OMIG files its recovery claim. Understanding how these two processes intersect is critical for estate attorneys and families.
| Scenario | What Happens |
|---|---|
| Decedent had Medicaid; home is in probate estate | OMIG files creditor claim; home may need to be sold to satisfy it |
| Surviving spouse still alive | MERP recovery deferred until after surviving spouse dies |
| Caregiver child qualifies for exemption | MERP claim may be blocked — see Caregiver Child Exemption guide |
| Home held in MAPT (5+ years) | Home not in probate estate; MERP cannot reach it |
| Home held in joint tenancy | Passes outside probate; NY MERP has limited recovery |
The intersection of Medicaid recovery and probate is one of the most complex areas of NY elder law. An estate attorney familiar with Erie County Surrogate’s Court procedure and OMIG practice is essential when both are in play.
For related guides: Medicaid Lien on Home NY · Caregiver Child Exemption · Sell Probate House Buffalo NY · Erie County Surrogate’s Court Guide
Can an executor sell a house without court approval in New York?
Yes — if the will grants the executor a full power of sale (which most modern NY wills do), the executor can sell the property without court approval. The executor signs the deed with their executor authority, and the estate attorney handles the closing. When the will does not grant power of sale, or when there is no will, court approval may be required. DISCLAIMER: This is general information. Consult a licensed NY estate attorney for your specific situation.
How long does a probate home sale take in Erie County NY?
When the executor has authority to sell and there are no court approval requirements, a cash sale through NCB can close in as little as 7 days from agreement. When court approval is required, the process takes longer — typically 30–90 days for the court proceeding. Traditional listed sales take longer because they must wait for title clearance, financing, and closing scheduling. NCB holds contracts through the process. DISCLAIMER: Timelines vary significantly by estate circumstances. Consult a licensed NY estate attorney.
Does Medicaid take money from a probate estate in New York?
Yes — if the decedent received Medicaid long-term care benefits, OMIG can file a creditor claim against the probate estate for reimbursement of benefits paid. In New York, MERP recovery is limited to the probate estate (assets that pass through Surrogate’s Court). Assets that pass outside probate — joint tenancy, living trusts, beneficiary designations — are generally not subject to MERP. Recovery is deferred while a surviving spouse is alive. DISCLAIMER: MERP rules are complex. Consult a licensed NY elder law or estate attorney.
Areas We Serve
NCB purchases homes across all of Buffalo and Western New York — any condition, any situation, all contents included.
How to sell a home in probate in Erie County NY. Surrogate’s Court process, executor authority, court approval requirements, and how cash buyers work with probate timelines. Nickel City Buyers, LLC · 3842 Harlem Rd STE 400-339, Cheektowaga, NY 14215 · (716) 557-7005. Not legal or Medicaid advice. A+ BBB · 300+ homes since 2013.
Ready to Move
the Estate Forward?
NCB works with executors and estate attorneys through every stage of Erie County probate. When you’re ready to talk about the property, we can have a cash offer within 24 hours — and close on your timeline.