Legal Question in Wills and Trusts in New York
My father passed in recent months and the heirs have to probate his will before
we can sell his house which was left to us in his will.
What does this mean and what role if any does the executor have in all this?
2 Answers from Attorneys
The executor named in the Will must bring a probate proceeding in the Surrogate's Court located in the County in which your father resided. Once the court admits the Will to probate, the executor is given the authority to sell the house and to settle the estate. The executor is the sole authority over the estate. Of course, the executor answers to the court. However, if the Will specifically gifts the real property to the named heirs then the executor may not have the authority to sell the property. I suggest that you have an attorney review the Will and advise you accordingly.
In simple english ... The will must be approved by the Surrogate's Court (probate). The executor is the person in charge of the will. He or she must also be aproved by the Surrogate's Court. The house may be sold only after the Will is approved by the Surrogate's Court. The executor is the person in charge of selling the house.
Mike.
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