# Sell an inherited property in Buffalo, NY — probate made simple

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An inherited house arrives with a court file, decades of belongings and maintenance nobody has time for. Erie County probate runs through the Surrogate's Court, and that moves at its own pace — but the house does not need to become a second job while it does. We buy inherited homes as-is, so the family can settle the estate instead of managing a property.

> Inherited a house you do not want to manage? Get a no-obligation cash offer.

## How we help families with inherited houses.

1. We buy as-is — take the keepsakes, leave the rest for our crews to handle after closing.
2. We work on your timeline while probate moves through the Surrogate's Court.
3. One written offer the whole family can look at — every heir sees the same number.
4. A single local team handles the title work, the paperwork and the cleanout.

## Probate in Erie County: what heirs need to know

If the property went through a will, it typically has to clear Erie County Surrogate’s Court before you can legally sell. If there’s no will, New York’s intestacy laws decide who inherits, and if there are multiple heirs, everyone named has to agree before a sale can close. This is the part that trips people up: even a home everyone wants to sell can sit for months while paperwork, appraisals, and signatures get sorted out. If the estate hasn’t been through probate yet, we can often get the process moving alongside you rather than waiting for it to finish first, and we regularly work with multiple heirs to get everyone the same information at the same time so there’s no back-and-forth.

### Selling an inherited house in Erie County: the roadmap

Before an inherited house can be sold, someone needs legal authority to sign for the estate. In most cases that authority comes from the Erie County Surrogate's Court.

- **If there is a will:** The executor named in the will files for probate in Surrogate's Court. The court issues letters testamentary, which is the executor's proof of authority. The executor can then sign the sale contract and deed.
- **If there is no will:** An heir or family member petitions the court to be appointed administrator. New York law decides who inherits: a spouse and children come first, then other relatives. The court issues letters of administration, and the administrator can then sign for the sale.

> You can start the conversation with us before the court finishes. We can begin the title review and plan the closing around the date you receive your letters.

### Several heirs, one house

When more than one person inherits, everyone with a legal interest generally has to agree to the sale, or the court has to approve it. This is where inherited sales get stuck, even when everyone wants the same result.

1. **One set of numbers for everyone** — We send the same offer and the same numbers to every heir at the same time.
2. **We work with the estate attorney** — So the paperwork follows what the court allows.
3. **Remote and out-of-town heirs** — We can plan the closing around heirs who live out of town and sign remotely.
4. **Proceeds go to the estate** — The executor or administrator distributes them under the will or the law.

If one heir will not agree, a court can order a sale through a partition action. That adds time and cost, which is why a clear single offer usually helps. If nobody lives in the house, see our page on [selling a vacant house](/situations/sell-vacant-house-buffalo-ny).

## Selling an inherited house: your options

| | Do Nothing | List with an Agent | Sell to Irish Jones Home Buyers |
| --- | --- | --- | --- |
| Vacant house sitting | Taxes, insurance, and upkeep keep adding up | Same, plus agent prep time | Sold as-is, holding costs stop immediately |
| Multiple heirs to coordinate | Falls on one person to manage | Agent doesn’t handle family logistics | We work directly with all heirs and their attorney if needed |
| Repairs/cleanout | Heir’s responsibility | Usually required before listing | We handle cleanout, no repairs needed |
| Capital gains | Based on stepped-up basis at date of death (heirs should confirm with a CPA) | Same | Same |

### What the estate attorney and title company will usually ask for

- Certified death certificate
- The original will, if there is one
- Letters testamentary or letters of administration
- The deed, or the address and tax ID of the property
- The latest mortgage statement, if there is a loan
- Property tax and utility bills
- Photo ID for the executor or administrator

Do not worry if you do not have all of this yet. Send us what you have and we will tell you what is missing.

### Costs and taxes while you wait

While the estate is open, the house keeps costing money:

- Property taxes keep running, even if no one lives there.
- Insurance may be limited or more expensive on a vacant home.
- Utilities still need to stay on to protect the pipes in a Buffalo winter.
- Upkeep such as snow, grass and repairs adds up.

On taxes: New York does not have an inheritance tax. For federal income tax, an inherited house usually gets a stepped-up basis, meaning its value on the date of death becomes your starting cost. If you sell near that value, there is often little or no taxable gain. Confirm the details with a CPA and see the [IRS guidance on inherited property](https://www.irs.gov/publications/p551).

If the house also needs work, see [selling a house that needs repairs](/situations/sell-house-needs-repairs-buffalo-ny).

## Why sell to Irish Jones Home Buyers.

- We buy as-is: Condition is our starting point, not your problem to fix first — repairs, belongings and all.
- No fees or commissions: No listing agreement and no agent commission. The written offer is the number.
- Close on your timeline: Cash means no bank approvals in the way — you pick the closing date that fits.
- Local & licensed: A Buffalo office, a 716 phone number and NY real estate license #10491209386 you can look up.

## Quick answers

### Do I need probate to sell an inherited house in New York?

In most cases, yes. If the house was owned in the deceased person's name alone, someone usually needs letters from the Surrogate's Court to sign the sale. Exceptions exist, such as a house held jointly with right of survivorship or placed in a trust, where title may pass without probate. An estate attorney can confirm which situation you are in before you list or sign anything.

### How long does probate take in Erie County?

An uncontested estate often takes around six to twelve months, but timing depends on the court calendar, how organized the paperwork is, and whether anyone challenges the will. Estates with missing heirs, debts or disputes take longer. The house can be sold during that time once you have letters, so you do not have to wait for the full estate to close.

### Can I sell the house before probate is finished?

Yes, once the executor or administrator has letters from the Surrogate's Court, they can sign a contract and deed even while the estate remains open. Before letters are issued, you generally cannot close. We can start the title review and agree on a timeline while the court process moves, so you are ready to close as soon as authority is in place.

### What if there are several heirs and one will not agree?

When heirs share an inherited house, everyone with a legal interest generally has to agree to sell, or the court has to approve the sale. If one heir refuses, a court can order a sale through a partition action, which adds time and legal cost. Often the quickest fix is one clear offer, shared with everyone at once, so each heir sees the same numbers and the same timeline.

### What if there is no will?

New York intestacy law decides who inherits. A surviving spouse and children come first, and if there are no close relatives the law moves outward to parents, siblings and further family. Someone must petition the Surrogate's Court to be appointed administrator before the house can be sold. An estate attorney can walk you through who qualifies and what the court will require.

### Who pays property taxes and insurance while the estate is open?

The estate is responsible, which in practice means the executor or administrator manages the bills, often with the heirs' money. Property taxes, insurance and utilities keep running even if no one lives there, and many standard policies limit coverage on vacant homes. Those carrying costs are one of the main reasons heirs choose a faster sale.

### What happens to the mortgage on an inherited house?

The loan stays with the property. Heirs can keep making payments, refinance, or sell and pay the lender off from the proceeds at closing. Federal law generally prevents a lender from calling the loan due just because the owner passed away, but missed payments can still lead to foreclosure. Contact the lender early and ask for a payoff figure.

### Do I owe tax when I sell an inherited house?

New York does not have an inheritance tax. For federal income tax, an inherited home usually gets a stepped-up basis, meaning its value on the date of death becomes your starting cost. If you sell for close to that value, there is often little or no taxable gain. Estate tax applies only to very large estates. Confirm the details with a CPA.

## Where we help homeowners in Buffalo and Western New York

We work with homeowners across Erie County and nearby Western New York. If your ZIP code is not listed, call 716-768-4915 and we will tell you right away if we can help.

- Buffalo: 14201, 14202, 14203, 14204, 14206, 14207, 14208, 14209, 14210, 14211, 14212, 14213, 14214, 14215, 14216, 14220, 14222
- Cheektowaga and Depew: 14225, 14227, 14043
- Amherst, Williamsville, Getzville: 14221, 14226, 14228, 14051, 14068
- Tonawanda and Kenmore: 14150, 14217, 14223
- West Seneca: 14224
- Lackawanna and Blasdell: 14218, 14219
- Hamburg and Orchard Park: 14075, 14127
- Niagara Falls: 14301, 14303, 14304, 14305

## Other situations we help with.

- [Stopping foreclosure](https://irishjoneshomebuyers.com/situations/stop-foreclosure-buffalo-ny.md): sell before the auction date
- [Divorce or separation](https://irishjoneshomebuyers.com/situations/sell-house-during-divorce-ny.md): sell the shared home on a plan that works for both
- [Code violations](https://irishjoneshomebuyers.com/situations/sell-house-with-code-violations-buffalo.md): open city notices and fines
- [Repairs it needs](https://irishjoneshomebuyers.com/situations/sell-house-needs-repairs-buffalo-ny.md): sell as-is without fixing a thing
- [Vacant houses](https://irishjoneshomebuyers.com/situations/sell-vacant-house-buffalo-ny.md): stop paying for an empty house
- [Problem tenants](https://irishjoneshomebuyers.com/situations/sell-house-with-tenants-buffalo-ny.md): sell a rental with tenants in place
- [Relocating](https://irishjoneshomebuyers.com/situations/relocating-sell-house-fast-buffalo.md): moving soon? Close on your schedule

- Phone: 716-768-4915
- Email: info@irishjones.com
- Office: 1305 Bailey Avenue, Buffalo, NY 14206
- Written cash offer: https://irishjoneshomebuyers.com/get-offer
- License: NY real estate license #10491209386