Selling a Buffalo HomeAfter a Family Death.

It depends on how title was held. If the property was held solely in the deceased’s name, probate through Erie County Surrogate’s Court at 92 Franklin Street is typically required. If held jointly with right of survivorship, the surviving owner can sell by filing a death certificate with the Erie County Clerk. If held in a trust, the trustee has authority to sell per the trust terms without probate. NCB works with all structures. See probate resource center →

For a standard uncontested estate in Erie County Surrogate’s Court at 92 Franklin Street, Letters Testamentary or Letters of Administration are typically issued in 4–8 weeks from filing. For a small estate under $50,000, New York’s voluntary administration process can issue Letters in 2–3 weeks. For contested estates with multiple heirs or disputes, the timeline extends. NCB can sign a purchase contract before Letters are issued and set the closing date around the court’s timeline. See Erie County probate timeline guide →

Yes — but legal authority must be established first through Erie County Surrogate’s Court. When someone dies without a will in New York, the court appoints an administrator per New York’s intestacy laws. The administrator receives Letters of Administration and has authority to sell the property. NCB can sign a purchase contract today and set the closing date for when Letters are issued. Free help: Neighborhood Legal Services (716) 847-0650

The outstanding mortgage balance is paid from the sale proceeds at closing through the Erie County title company. The estate is not responsible for the mortgage after closing — the lender is paid in full and the lien is released. If the property has both a first mortgage and a HELOC, both are paid at closing. NCB coordinates all payoffs through the title company — the executor does not need to negotiate separately with any lenders.

No — NCB buys properties with all contents in place. Decades of accumulated belongings, furniture, tools, vehicles in the garage — leave everything exactly as it is. You bring nothing to the closing except legal authority and ID. NCB handles all contents after closing. This is especially valuable for Buffalo families managing an estate from out of state. See guide to selling with a house full of belongings →

All parties with a legal ownership interest must consent to a voluntary sale. If there is disagreement, a partition action can be filed in Erie County Supreme Court compelling the sale. NCB waits for all necessary consents before closing. If the estate is still in probate, the executor or administrator with Letters Testamentary has authority to sell on behalf of all beneficiaries without requiring individual consent from each heir. See multiple heirs guide →

NCB works with out-of-state executors and heirs regularly. The walkthrough can be conducted via video call. Purchase contracts are executed electronically. The deed signing can be completed via power of attorney — the executor doesn’t need to return to Buffalo for closing. Proceeds are wired on closing day. NCB has closed on Buffalo properties where the executor was in California, Florida, and Texas throughout the entire process. See out-of-state executor guide →

Probate refers to the court-supervised legal process of administering the estate. An inherited house refers to the property that passes through that process. You can sell an inherited house before probate is complete (with a contract contingent on court approval), during probate (with executor authority), or after probate is final. NCB handles all three stages. If probate is complete, closing happens in 7–14 days. If still in progress, the closing date aligns with the court’s timeline. See probate resource center →

Yes. Delinquent Erie County property taxes on an estate property are paid from the sale proceeds at closing through the Erie County title company. Taxes delinquent for more than two years approach the RPTL Article 11 in rem tax foreclosure threshold — selling before a tax foreclosure is filed on the estate property protects the estate’s equity. All penalties and interest are paid at closing.

In New York, a licensed real estate attorney must be present at every residential closing — this is a legal requirement. For an estate sale, the estate’s attorney typically also reviews the purchase contract. NCB coordinates with the estate attorney throughout the process. If the estate does not have an attorney, free referrals are available through the Bar Association of Erie County at (716) 852-8687 or Neighborhood Legal Services (716) 847-0650 for qualifying estates.