Legal Question in Wills and Trusts in New York

If no one has offered the wills for probate, then no one. Someone needs to go to court and get s letters testamentary issued.

The executor pursuant to the will.

Mike.

Actually, it depends on how the original Deed to your parents reads. There may be asimple or more complicated answer. Presuming both names are on the Deed and the registration is other than "tenants in common", the Will of the parent who is the last to die needs to be probated and then the Executor appointed has the authority to sign all documents. If the Deed, which I have not seen, says something describing your parents other than H/W or husband and wife and/or tenants by the entirety, the response may be more complicated. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.