Legal Question in Wills and Trusts in New York

Re: Inherited home

You have to get the Surrogate to appoint an executor, if you find a Will, or an Administrator, if there is no Will.

Wills are usually found, but 20 years is a long time. Check with friends, if any are living, clergy, lawyers, etc.

Re: Inherited home

If there is no Will, the children are entitled to appointment as Administrators of her estate. You apply through the Surrogate's (Probate) Office in the County where she died. Once appointed, you can deal with the house in your capacity as Administrator. You would just need a simple Deed into the children's name, unless you are going to sell it. There may be some fees involved to record the Deed. If the house was unoccupied so long, check for liens by doing a simple title search.

No court Needed

If you wish to sell the house you can do so, provided you are the sole surviving heirs, without going to court. New York State does not allow you to go to surrogates court with only a piece of real property in the estate. You may do the transfer by filling out a deed and filing the appropriate releases. A title search is a good idea and an attorney would be helpful to make sure all points are covered.