Selling a Probate House
in Buffalo NY —
What Executors and
Heirs Need to Know
Sell Probate House Buffalo NY — Executor Inherited Property Erie County Surrogate’s Court WNYYou just lost someone. Now there’s a house in the estate. Probate in New York is a legal process with real deadlines, real court involvement, and a property that sits vacant — costing the estate money every month it isn’t sold. Nickel City Buyers has purchased probate properties in Buffalo and Western New York for over a decade. When the attorney has done their work and the house needs to be sold, we are the fastest path forward.
Nickel City Buyers, LLC is not a law firm and we are not attorneys. The information on this page is educational only — not legal advice. Probate involves complex legal requirements. Always work with a licensed NYS estate attorney. Free legal referrals: Bar Association of Erie County — (716) 852-8687 · Legal Aid Bureau of Buffalo — (716) 853-9555.
What Happens to the House?
Probate is the court-supervised legal process that validates a deceased person’s will, appoints an executor, pays creditors, and distributes remaining assets to beneficiaries. In New York State, probate is administered by the Surrogate’s Court in each county — for Buffalo and Erie County homeowners, that is the Erie County Surrogate’s Court at 92 Franklin Street, 2nd Floor, Buffalo NY 14202.
When someone dies owning real estate solely in their name in New York, that property cannot be sold or transferred until the estate goes through probate and the executor receives Letters Testamentary — the legal document granting authority to act on behalf of the estate. Without Letters Testamentary, no deed can be signed and no sale can close.
Erie County probate timelines vary significantly: simple estates typically take 7–12 months, average estates 12–18 months, and contested or complex estates can extend well beyond 18 months. During the entire probate period, the house sits in the estate — costing property taxes, insurance premiums, utilities, and maintenance. Every month the property sits is money leaving the estate.
Nickel City Buyers works directly with executors, administrators, and estate attorneys throughout the probate process. We are not competing with your attorney — we are the solution to the real estate problem after your attorney does their work. We buy the house as-is, on the executor’s timeline, so the estate can move toward final distribution.
- Address: 92 Franklin St, 2nd Floor, Buffalo NY 14202
- Phone: (716) 845-2560
- Email: SurrogateCourt@erie.gov
- Hours: Mon–Fri 9AM–5PM
- Simple estates: 7–12 months
- Average estates: 12–18 months
- Complex/contested: 18+ months
- Filing fees: $45 (under $10K) to $1,250 (over $500K)
- E-filing: NYSCEF required for most filings
- Original wills: Hard copy submission only
- Legal referrals: Bar Assoc. (716) 852-8687
- Legal Aid: (716) 853-9555
in New York State
Plain-English guide to probate — what it is, Surrogate’s Court, testate vs intestate, Letters Testamentary, and what passes outside probate.
Read Guide →Step-by-step process guide for Erie County Surrogate’s Court — from filing the petition through final distribution and house sale.
Read Guide →Realistic timelines — 7–12 months simple, 12–18 months average, 18+ months complex. What causes delays and what the house costs the estate while it waits.
Read Guide →Which assets must go through court and which pass outside — and why solely owned Buffalo real estate always requires probate.
Read Guide →NY’s voluntary administration shortcut for small estates — who qualifies, what it covers, and why real estate always requires full probate regardless of value.
Read Guide →Complete list of every executor responsibility — from filing the petition to final distribution. Includes personal liability and compensation.
Read Guide →Personal liability for breach of fiduciary duty — what it means for real estate, why vacant properties are high-risk, and how a fast sale eliminates ongoing exposure.
Read Guide →When there’s no will, the court appoints an administrator instead of an executor — NCB works with both Letters Testamentary and Letters of Administration.
Read Guide →Yes — you can sell during open probate in NY with proper authority and court approval. Why selling early stops carrying costs and what the process requires.
Read Guide →The most common probate situation NCB encounters. When all heirs agree vs. when they don’t — partition actions, out-of-state heirs, and how NCB has closed with 4–5 heirs involved.
Read Guide →No financing delays, no inspection contingencies, no listing period. Comparison of NCB vs. traditional listing for probate properties — timeline, costs, certainty.
Read Guide →Step-up in basis, NYS estate tax, capital gains on inherited property, and the 1099-C considerations executors need to understand before selling.
Read Guide →NCB Has Seen Before
When someone dies without a will, the court appoints an administrator and applies intestate succession law. What this means for selling the Buffalo property.
Read Guide →A contested will in NY freezes the estate — the house cannot be sold until the dispute is resolved. NCB is ready to close the moment the contest is settled.
Read Guide →Mortgage, IRS, judgment, HOA, mechanic’s liens — all resolved at closing from sale proceeds. NCB handles the complexity so the executor doesn’t have to.
Read Guide →Property taxes must be paid during probate or Erie County moves on the property. NCB can close fast enough to stop tax foreclosure — back taxes paid at closing.
Read Guide →One of the most common situations NCB handles. Leave everything — NCB buys completely as-is, handles the cleanout, no judgment. Executor’s burden eliminated.
Read Guide →Living in Florida, Texas, California — with a Buffalo property to sell? NCB handles everything locally. We’ve worked with executors from all 50 states.
Read Guide →HOA dues continue during probate, violations accumulate, liens get filed. NCB buys HOA properties as-is — dues, violations, and liens resolved at closing.
Read Guide →Complete reference for executors going to 92 Franklin St — address, hours, fees, NYSCEF e-filing, forms, parking, and what happens after Letters Testamentary are issued.
Read Guide →Selling a probate house in Niagara Falls, Lockport, North Tonawanda, Lewiston, or Newfane — Niagara County Surrogate’s Court guide for executors.
Read Guide →We Are the Solution After
Your Attorney Does Their Job.
Probate attorneys handle the legal process. NCB handles the real estate problem within it. Once the executor has Letters Testamentary, we can move.
NCB works alongside estate attorneys — not around them. We close when the court schedule allows, provide all documentation needed, and communicate with whoever is handling the estate.
No repairs. No cleanout. No staging. No open houses. The executor leaves everything exactly as it is and we handle the rest after closing. This is especially critical for hoarder properties and homes that have sat vacant.
We close when the court allows — whether that’s 7 days or 7 months. We hold our offer, we don’t pressure the process, and we adapt to what the estate requires. Cash offer stands until you’re ready.
Back taxes, HOA liens, mortgage payoff, judgment liens — all resolved from sale proceeds at the closing table simultaneously. The executor receives a clean distribution, not a complicated spreadsheet.
Estate keeps more. No listing agent commission (typically 5–6%), no buyer fees, no staging costs, no repair costs. The cash offer is what closes. Every dollar stays in the estate.
We have been purchasing probate properties in Buffalo and Western New York since 2013. 300+ homes purchased. We know the Erie County Surrogate’s Court process, the local title companies, and what it takes to close cleanly.
Probate House Buffalo NY —
FAQ for Executors & Heirs
Can an executor sell a house during probate in New York?
Yes — in most cases, with Letters Testamentary from Erie County Surrogate’s Court and, typically, court approval for the sale. Letters Testamentary are issued by the court after the petition is filed and the will is validated. Without them, no deed can be signed and no sale can close. Once the executor has Letters Testamentary, they can begin the sale process. NCB works directly with executors at this stage — cash offer, close on your court schedule. Contact Erie County Surrogate’s Court at (716) 845-2560 or 92 Franklin St, 2nd Floor, Buffalo NY 14202 for guidance on your specific estate.
How long does probate take in Erie County NY?
Simple estates typically take 7–12 months. Average estates — those with multiple beneficiaries, some creditor claims, and standard real estate — take 12–18 months. Complex or contested estates (will contests, heir disputes, tax issues) can extend well beyond 18 months. Erie County court caseload affects timing. The house sits vacant and costs the estate money the entire time — property taxes, insurance, maintenance. Selling the property early, once the executor has authority, stops that clock. Call NCB at (716) 557-7005 to understand what’s possible on your timeline.
Do we have to make repairs before selling a probate house?
Not to NCB. We purchase every probate property completely as-is — no repairs, no cleaning, no staging required. The executor leaves everything exactly as it is. This is particularly valuable for estates where the property has been vacant, accumulated deferred maintenance, or is a hoarder situation where cleanup costs could run $10,000–$50,000+. NCB prices our offer accounting for the property’s condition. What you see is what we buy.
What if there are multiple heirs who disagree about selling?
This is the most common probate real estate situation we encounter. When all heirs agree, the process is straightforward. When they don’t, the executor’s fiduciary authority governs — the executor can proceed with a court-approved sale even over the objection of beneficiaries in most cases. NCB has closed transactions involving 4–5 heirs, some in different states, some with competing interests. We handle the complexity and close once all required signatures are obtained. See our full guide: Selling With Multiple Heirs.
Can NCB buy a probate house with liens or back taxes?
Yes — this is one of the situations NCB handles most regularly. Mortgage payoffs, IRS liens, judgment liens, HOA liens, mechanic’s liens, and delinquent Erie County property taxes can all be resolved at closing from the sale proceeds. The executor does not need to bring cash to closing or resolve these issues independently before the sale. NCB works with experienced title companies who clear these issues simultaneously at the closing table. The estate receives the net proceeds after all liens are satisfied.
How much does probate cost in Erie County NY?
Court filing fees range from $45 for estates under $10,000 up to $1,250 for estates over $500,000. Attorney fees for probate in NYS typically run $200–$700/hour, with total attorney costs for a standard estate ranging from $3,000–$10,000+. There are also publication costs (Buffalo News legal notice), bond premiums (unless waived by will or consent), and inventory/appraisal costs. The longer the property sits in the estate, the more property taxes, insurance, and maintenance add to those costs. Selling quickly reduces the total cost of the estate.
Nickel City Buyers — Probate House Buyers Buffalo & WNY — Erie County Since 2013
Nickel City Buyers, LLC is a cash home buying company that purchases probate properties throughout Buffalo and Western New York. We are not a law firm and this is not legal advice. Located at 3842 Harlem Rd STE 400-339, Cheektowaga, NY 14215. Phone: (716) 557-7005. Website: nickelcitybuyers.com. Erie County Surrogate’s Court: 92 Franklin St, 2nd Floor, Buffalo NY 14202 — (716) 845-2560 — SurrogateCourt@erie.gov. 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 rating. 300+ homes purchased since 2013. Free legal referrals: Bar Association of Erie County — (716) 852-8687 · Legal Aid Bureau of Buffalo — (716) 853-9555. Probate Situation Page → · All Situations We Help With →
The House Needs
to Be Sold.
We Make That Simple.
Cash offer in 24 hours. Close in 7–14 days or on your court schedule. No repairs, no commissions, no fees. Free 10-minute assessment — no obligation.