Legal Question in Real Estate Law in New York
Real estate, surrogate court
A house is on the market for sale. There were two previous owners; they both have passed on. One left a will, the other one did not. In order to close the sale, is surrogate court required?
2 Answers from Attorneys
Re: Real estate, surrogate court
Yes, as title can not pass without the appointed representative of the Estate signing the deed.
Re: Real estate, surrogate court
Yes.
The first issue is how the house was owned. If owned as joint tenants or tenants by the entirety (husband/wife), the individual that died second would be the full owner of the house. You would need to start either an administrative (no will) or testamentary (will) proceeding to have an administrator (no will) or executor (will) appointed. The death certificate from the first individual that died would be filed with a new will to the second deceased individual. Then the administrator / executor would sell or deed the house.
If the individuals died tenants in common, then beneficiaries of both individuals would be entitled to the value of the house. Therefore, you would have to start a Surrogate's Court proceeding for both individuals. Both the administrator and executor would have to sign the deed.
Mike.
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