Local Probate Services Expert

Your Comprehensive Guide to Probate Sales for Executors

  • Understanding Probate: Briefly explain what probate is and the role of an executor in the process. 
  • The Importance of Probate Sales: Discuss why it may be necessary to sell assets, including real estate, to settle the estate’s debts and distribute assets to heirs.
  • What Happens in Probate: Outline the steps in the probate process, including filing the will, inventorying assets, paying debts, and distributing the remaining assets to heirs. 
  • Executor Responsibilities: Detail the duties of an executor, emphasizing the importance of transparency and adhere to legal obligations.
  • Why Sell Real Estate?: Explain common reasons for selling real estate during probate, such as maintaining or managing the property’s condition, reducing financial burdens on the estate, or meeting family needs. 
  • Understanding Property Value: Discuss how to assess the value of the property through appraisals and market comparisons.
  • Get an Appraisal: Highlight the importance of having a professional appraisal to set a fair price. 
  • Home Improvements: Provide tips on minor repairs or improvements that can enhance the property’s appeal and value.
  • Proper Documentation: Emphasize the necessity of gathering necessary documents, including the title, property tax information, and details of any liens or encumbrances.
  • Choosing the Right Real Estate Agent: Discuss how to find an agent experienced in probate sales who understands the unique considerations involved. 
  • Effective Marketing Strategies: Offer tips on how to market the property effectively through online listings, open houses, and local advertising. Include highlight the significance of high-quality photos and accurate descriptions.
  • Online Platforms: Consider discussing local MLS (Multiple Listing Service), social media, and real estate websites to reach potential buyers.
  • Handling Offers: Discuss how to evaluate offers and negotiate effectively. 
  • Closing the Sale: Explain what to expect during the closing process, including preparing for final paperwork and ensuring that all legal processes are

Probate Checklist for Executors and Administrators in New York

If you’ve been designated and appointed as the executor or administrator for an estate that is being settled through probate proceedings in New York, you may find yourself unsure about how to proceed. That is only natural, since most people rarely have contact with the probate court. Still, it is important to have at least some basic idea about the duties that lie ahead, to ensure that you don’t make errors that could leave you liable for any estate losses. To help you better manage the complexities of the probate process, we’ve prepared this probate checklist that can be used as a broad guide as you work to fulfill your probate duties.

Key Things to Keep in Mind

While that checklist might give the impression that the process is one that can be completed within a few weeks without much trouble, you shouldn’t have those expectations. Most probate matters take anywhere from six months to more than a year to complete. Throughout it all, you will owe a fiduciary duty to the estate, its creditors, and any heirs. That means that you must put their interests before your own as you carry out your duties.

You should also know that you may be entitled to compensation for your work administering the estate’s settlement process. That compensation counts as income that is taxable for personal tax purposes, however. Because of that fact, many executors who are also beneficiaries of the estate often forgo compensation to avoid tax implications. You should discuss those implications with your financial advisor or attorney to see what works best for you.

Be diligent and exercise an abundance of caution when administering any estate, since errors or a failure to exercise good judgment could leave you open to liability if assets are lost or suffer a decrease in value during your tenure as executor. Again, it is wise to rely on a trusted probate attorney to assist you with these proceedings to ensure that your interests are always protected.