New York Real Estate Sale: Court Approval?

Quick answer: if the will grants a power of sale, generally no. Without a will, or with the will silent on it, yes — a petition under SCPA Article 19. Run your own numbers in the New York probate real estate sale calculator.

Filing an SCPA Article 19 petition

The process: the fiduciary e-files a petition and exhibits, pays a filing fee (roughly $200-250 depending on county), and a citation is issued and served on interested parties. A return date is set before the Surrogate; uncontested matters are often granted on the papers, while objections trigger conferences and discovery.

Anyone can start it, not just the executor

Under SCPA §1902, a creditor or beneficiary can petition the court directly if the fiduciary refuses to sell or lacks the authority to do so — the process isn't limited to the executor or administrator alone.

Approval isn't the last step

After the court authorizes the sale, the fiduciary still files a Contract Confirmation under SCPA §1913, with an appraisal and Form ET-117, and must submit a Report of Sale and an interim or final accounting within 90 days of closing.

Nothing happens before Letters issue

An executor named in a will has no power to dispose of any part of the estate before Letters Testamentary or preliminary letters actually issue — apart from paying reasonable funeral expenses or taking action necessary to preserve the estate.

A lien follows every parcel

Every New York parcel carries an automatic 15-year estate-tax lien, part of why the appraisal and Form ET-117 typically accompany the contract confirmation regardless of which path authorized the sale.

Facing probate in New York?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a New York attorney

Whether the petition is filed in Manhattan, Brooklyn, or Queens, SCPA Article 19 and the §1913 confirmation process apply identically.

Court approval to sell — frequently asked questions

What does an SCPA Article 19 petition actually involve?

E-filing a petition and exhibits with the Surrogate's Court, paying a filing fee (roughly $200-250 depending on county), issuing and serving a citation on interested parties, and appearing on a return date before the Surrogate — uncontested matters are often granted on the papers alone.

Who can bring an SCPA Article 19 petition if the executor won't act?

A creditor or beneficiary can petition the court directly if the fiduciary refuses to sell or lacks the authority to do so, under SCPA §1902.

What happens after the court authorizes the sale?

The fiduciary still files a Contract Confirmation under SCPA §1913, along with an appraisal and Form ET-117, and must submit a Report of Sale and interim or final accounting within 90 days of closing.

Can the executor sell before receiving Letters Testamentary or Letters of Administration?

No — an executor named in a will has no power to dispose of estate property before Letters actually issue, apart from paying reasonable funeral expenses or taking action necessary to preserve the estate.

What is the automatic estate-tax lien on New York real property?

Every New York parcel carries a 15-year automatic estate-tax lien, which is part of why Form ET-117 and appraisal documentation typically accompany a probate sale's contract confirmation.

This page provides general guidance only and is not legal advice. Based on SCPA §1902, 1913, Article 19. Whether court approval is needed depends on the will's own language and the estate's facts. Confirm with the county Surrogate's Court or a licensed New York attorney before acting.

New York Real Estate Sale: Do You Need Court Approval?