You Inherited New York Property. You Live Somewhere Else

Someone in your family died and left real estate in New York: a house, a co-op, a condo, or an apartment. You’re the heir or executor, and you don’t live here.

You’re trying to figure out: Do I have to come to New York? How long does this take? Who handles everything on the ground?

I’m Anthony Park. I’m a New York probate attorney and professional executor. Most of my clients are out-of-state or overseas. I handle everything so they never have to get on a plane.

Do You Have to Come to New York to Probate an Estate?

No. You do not need to travel to New York to handle a New York estate.

As your attorney, I prepare and file all court documents. As your professional executor, I handle the property: cleanout, broker coordination, board approvals for co-ops, and closing. You sign documents remotely or via mail. You receive your inheritance by wire transfer.

The only time travel might be required is if you personally want to attend a court hearing, which is rarely necessary.

What Happens to New York Real Estate in Probate?

If the property was in the deceased’s name alone, it cannot be sold until the executor has court authority: called Letters Testamentary (if there’s a will) or Letters of Administration (if there’s no will).

Here’s the typical sequence:

1. File for probate in New York Surrogate’s Court
2. Court appoints the executor and issues Letters
3. Executor secures and cleans out the property
4. Property is listed and sold
5. Proceeds are distributed to the heirs after paying estate debts and taxes

From start to close, this typically takes 9–18 months in New York, depending on the county and estate complexity.

What If There Are Co-Heirs Who Don’t Agree?

This is common. When multiple siblings or relatives inherit together, disagreements arise: over timing, price, who gets what from the house, or whether to sell at all.

As both attorney and executor, I can navigate these situations without taking sides. My job is to the estate and all the heirs, not to one person’s preferences. I’ve handled estates where heirs were on three different continents and hadn’t spoken in years.

What About New York Co-Op Apartments?

Co-ops are common in New York City and more complicated than houses or condos. You don’t own real estate — you own shares in a corporation. The co-op board must approve any transfer or sale, which adds time and paperwork.

I’ve handled many co-op estate sales across Manhattan and the boroughs. Read the full guide to selling an inherited co-op.

How Much Does This Cost? And Do You Pay Upfront?

My fee has two components: attorney fees for the probate, and executor commission (set by New York law based on estate size, typically 2–5%).

If the estate doesn’t have cash to pay fees before the property sells, I work on a contingent fee basis. No upfront payment. Fees are paid at closing from the sale proceeds.

Most out-of-state heirs don’t have to pay anything out of pocket.

Frequently Asked Questions

Q: Can I serve as executor if I live out of state?

Yes, but New York requires non-resident executors to post a bond unless the will waives it. Many families find it easier to appoint a professional executor, especially one who is also the probate attorney, to handle everything locally.

Q: How long do I have to start probate?

There’s no strict deadline, but delays cause problems. Property taxes, maintenance costs, and mortgage payments continue to accrue. The longer you wait, the more the estate pays before anyone inherits anything.

Q: What if the estate has no money to pay bills?

A savvy executor contacts lenders and the co-op or condo management early to explain the situation and arrange for arrears to be paid at closing. I handle this as part of my standard process.

Q: What do you need from me to get started?

Just the basics: Is there a will? Who are the heirs? What’s the property address and estimated value? Call 212-401-2990 or fill out the form below.

Ready to Get Started?

You don’t need to figure this out alone, or fly to New York to do it. Call me at 212-401-2990 or fill out the form below. I’ll tell you exactly what’s involved and what it will cost.

If someone died in New York owning property, we handle the entire estate: probate, executor, and property sale. One firm does it all.

Or call 212-401-2990