How to Sell a Deceased Relative’s New York Real Estate if You Live Abroad

Are you an heir living overseas who has inherited real estate in New York? Losing a loved one is hard enough—figuring out how to sell their property from overseas shouldn’t add to the stress. But if you’re in this situation, you might very well be wondering, where do I start?

In this post, I’ll guide you through the most common questions and answers.

How to sell inherited property in New York if you live overseas?

1. What documents are needed to sell a deceased person’s New York real estate from overseas?
2. What happens if there’s no will for a deceased person’s New York real estate and I’m overseas? What is the process?
   
3. Learn what is the probate process for selling a deceased person’s New York property from outside the US?
4. Can a non-US resident serve as an executor for a New York estate with real estate? The short answer.
5. Can a US citizen who lives overseas be an executor for a New York estate?
6. Can a foreign heir sell a deceased person’s New York real estate without a US executor?
7. Do I need to travel to New York to sell a deceased relative’s real estate as a non-US resident?
8. What taxes apply when selling a deceased person’s New York real estate from abroad? Do non-resident aliens pay more?
   
9. What are the costs of selling a deceased person’s New York real estate from outside the US?

What documents are needed to sell a deceased person’s New York real estate from overseas?

To sell your loved one’s New York property, there are several documents you’ll need.

Death certificate and letters testamentary

The death certificate is the official document stating your loved one has died. It’s usually issued by a medical practitioner or a government vital records office. If the person died outside the US and was a US citizen, you’ll also need the Report of Death of a US Citizen Abroad.

Letters testamentary are court-issued documents certifying your authority as the executor of the estate. Depending on where probate took place, these documents might go by a different name. In the United Kingdom, they’re called a “grant of probate.”

Court probate record

The court probate record is basically all the legal papers that were filed with the court during the probate process. Every document will need to be “exemplified.” That’s a special certification that goes two steps beyond a simple certified copy, because it requires sign-off from both the court clerk and the judge.

Other required documents

You’ll also need the funeral bill (to prove that it’s been paid) and a domicile affidavit. This is a sworn statement attesting to where your loved one was living when they passed. Additionally, you might need a family tree affidavit to prove who the surviving family members are.

Notarization is a must.

Before you submit any documents, make sure everything has been properly notarized by a US notary public. If you’re outside the US and can’t easily get to a US notary, you can opt to use an apostille, which is an internationally recognized way of authenticating documents.

What happens if there’s no will for a deceased person’s New York real estate and I’m overseas?

When a person dies intestate, or without a valid will, their property is distributed according to the state’s default inheritance laws (in this case, New York’s). This process is the same whether the heirs are living overseas or not.

Each state has its own guidelines, typically based on the deceased person’s closest living relatives, or “next-of-kin.”

What is the probate process for selling a deceased person’s New York property from outside the US?

The probate process will largely depend on where your loved one was living at the time of their death. In some cases, the location of their assets might be another factor.

First, let’s look at the difference between two types of probate: domiciliary and ancillary.

• Domiciliary probate takes place in the state where the deceased person lived at the time of their death.
• Ancillary probate is required in any other state where the deceased owned property, but did not reside.

Now, let’s look at a few different scenarios.

Scenario 1: The deceased lived abroad.

Let’s say your deceased aunt owned an apartment in Manhattan, but her primary residence was in London. In that case, domiciliary probate would happen in London, and ancillary probate would be required for the New York property.

Scenario 2: The deceased lived abroad, but had very few assets overseas.

If your aunt lived in London, but her only significant assets were in New York, then her estate can go through regular domiciliary probate here in the Big Apple.

Scenario 3: The deceased lived in New York.

If your aunt’s primary home was in New York, then yes, we can do regular New York probate to handle her estate—even if you (the heir) live abroad.

Can a non-US resident serve as an executor for a New York estate with real estate?

No. In New York, an executor is required to be either a US citizen or a non-US citizen who lives in New York.

Can a US citizen who lives overseas be an executor for a New York estate?

If you’re a US citizen living abroad, technically you’re eligible to serve as executor. But in practice, it can be tricky. Many tasks require you to be there in person, from signing paperwork to attending court proceedings. Trying to handle all of this from overseas (or even just outside of New York) can quickly become overwhelming—not only logistically and financially, but also in terms of stress and mental strain.

Can a foreign heir sell a deceased person’s New York real estate without a US executor?

No. All estate business has to go through an executor, and again, non-US citizens who live abroad are not eligible to serve.

Having an executor who’s legally eligible matters because when you sell a property, you have to work with various authorities (like the title company or sometimes a co-op board). These authorities can’t accept a deed or transfer of title unless you have clear legal authority to sign.

Do I need to travel to New York to sell a deceased relative’s real estate as a non-US resident?

No—because you can hire a professional executor like me! An expert who’s local and will handle all those pesky in-person duties for you.

If you don’t opt for a professional, then yes, you will need to travel back and forth to manage all the tasks that go into selling your loved one’s property.

That means handling the court dates, the house cleanout, any required rehab, the sale itself, the closing…to see what your to-do list will look like, check out my longer post on selling a deceased person’s house.

For your own peace of mind, it’s always best to hire a professional. That way you’ll have someone on the ground who knows how to get things done and is familiar with all the local procedures and customs.

What taxes apply when selling a deceased person’s New York real estate from abroad?

First, let me say that none of the info shared here should be taken as advice. It’s pretty much impossible to give out specific advice on taxes in a blog post because every person’s situation is different. For real guidance, talk to me or someone who’s a professional like me.

Having said that, here are a couple of things to keep in mind if you’re selling a loved one’s New York property from overseas.

Non-resident aliens pay a higher estate tax in the US.

You might know that the threshold for the US estate tax exemption is very high—$13,990,000 in 2025. But here’s something less well-known: that exemption only applies to US citizens and residents.

For non-resident aliens who own assets in the US, the threshold is much lower—just $60,000. That means US estate tax applies on every dollar over just $60,000!

To see how big a difference that makes, imagine your grandmother leaves you a New York property worth $500,000. If Grandma was a US citizen, no problem—$500,000 is well below the $13,990,000 threshold, so her estate will likely owe no tax.

But, if Grandma was a nonresident alien, every dollar above $60,000 (that’s $440,000 in this example) will be subject to US estate tax. At rates of 30-40%, that works out to $132,000-$176,000. Compare that to the $0 tax owed if she were a U.S. citizen—that’s a huge difference!

In some cases, international tax treaties can help mitigate the impact, but the rules are complex. That’s why it’s important to talk with a professional (like me) to understand your specific situation.

What about capital gains tax?

In most cases, there’s no capital gains tax on inherited property because of what’s called “stepped-up basis.” This means the IRS resets the property’s value to its fair market value on the date of death. In other words, that value becomes the new purchase price (or “basis”).

So, if the executor sells the inherited property soon after the date of death, there’s typically no capital gain—and therefore no capital gains tax. But it’s important to hire an executor or estate attorney who knows how to properly file the stepped-up basis with the IRS—so the heirs lock in the benefit and don’t have any problems later on.

What are the costs of selling a deceased person’s New York real estate from outside the US?

Here are the main costs you can expect to pay.

Executor fees

Many folks are surprised to learn that executors are legally entitled to be paid for their work. That’s true whether the executor is a professional (like me) or a friend or relative of the deceased.

Executor fees are typically set by state law—usually either a percentage of the estate or a “reasonable fee” based on the work involved. In New York, it’s based on the value of the estate.

Attorney fees

In New York, a probate attorney is often needed to set up the estate, get the executor appointed and handle legal issues along the way. These fees are separate from the executor’s compensation.

Getting the property sale-ready

Remember all those to-dos that come with preparing a home for sale? Each one has a price tag attached. Think about things like:

• Clearing out the house
• Fresh paint, repairs, and a good deep clean
• Your real estate broker’s commission
• A closing attorney to handle the negotiations and paperwork

The good news is, these steps usually pay off by helping the property sell faster and for the best possible price. And by working with a professional executor, you can make sure you’re getting the best rates along the way.

Next steps to selling your relative’s New York property, hassle-free.

If you’re living abroad and a loved one has left you a New York property, there’s no need to add on stress. Hire a professional executor, and you can be confident that every step of the sale is handled properly—without the headache of trying to manage it yourself from outside the country.

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