A client came to my office with a familiar problem. Her mother had passed away, leaving a Brooklyn brownstone to her and her two siblings. My client, the executor, lived in California and was getting daily calls from her brother. “Just sell it,” he insisted. “Put it on the market now, take the first good offer, and let’s be done with it.” She felt immense pressure to act fast, but she knew rushing would be a mistake. She was right.
The question I hear most often is, “How long do I have to sell the house?” The law provides no simple deadline—not 90 days, not six months. Instead, it imposes a duty. The executor’s role is one of stewardship, governed by a standard of prudence. The real question is not how fast you can sell, but how you can act in the best interest of the estate and all its beneficiaries.
The Executor’s Duty: Prudence Over Speed
Before an executor can list a property, they must be formally appointed by the Surrogate’s Court and granted “Letters Testamentary.” This document is the executor’s legal authority to act for the estate. The process of probating the will and receiving these letters can take several months, depending on the court’s calendar and whether any party raises objections.
During this period and after, the executor has a fiduciary duty to preserve the value of the estate’s assets. This means keeping the property insured, paying the mortgage and taxes, and making necessary repairs. It does not mean liquidating it at the first opportunity.
An executor must act as a “prudent person” would in managing their own affairs. This requires deliberate, informed steps. That includes getting a formal appraisal to establish fair market value, hiring a competent real estate agent, and waiting for an offer that reflects the property’s true worth. Accepting a lowball offer to appease an impatient beneficiary could be a breach of that fiduciary duty—a breach for which the executor can be held personally liable for the financial loss.
The Practical Timeline and Its Hurdles
While no statutory clock is ticking, a realistic timeline for selling a house in an estate often stretches from nine months to over a year. Sometimes longer. The process is more than a real estate transaction; it is an administrative marathon.
Consider the steps involved after the court grants authority:
- Securing the Property: Changing locks, forwarding mail, and managing utilities.
- Inventory and Appraisals: Clearing out personal belongings and obtaining a formal valuation for both the house and its significant contents.
- Repairs and Staging: Making prudent repairs to maximize sale value—fixing a leaky roof or updating old wiring—without over-investing estate funds.
- Market Realities: The real estate market itself is a major factor. Selling a home in a slow market may require more time to achieve a fair price.
Each of these steps is a contingency that can add weeks or months to the timeline. An executor who documents each decision and communicates clearly with the beneficiaries builds a record of prudence that will stand up to scrutiny.
When the Surrogate’s Court Gets Involved
Sometimes, beneficiaries and executors reach an impasse. A beneficiary might believe the executor is dragging their feet. Conversely, an executor might face a beneficiary who objects to a perfectly reasonable sale price.
In these cases, the matter can end up back in Surrogate’s Court. A beneficiary can file a petition to compel an executor to act, or an executor can seek the court’s approval for a proposed sale to shield themselves from future liability. Under New York’s Surrogate’s Court Procedure Act (SCPA), specifically Article 19, the court has the power to authorize or direct the disposition of real property. For instance, SCPA § 1902 allows a sale to pay a decedent’s debts, administration expenses, or for the distribution of shares to the parties entitled.
Seeking the court’s guidance is not a sign of failure. It is often the most prudent course of action when there is disagreement or the will’s instructions are ambiguous. It protects the executor, ensures fairness for all beneficiaries, and creates a clear, court-approved path forward.
The executor’s job is to be a faithful steward of the decedent’s legacy. That means being deliberate, transparent, and always acting in the collective best interest of the beneficiaries—even if that takes more time than some would like.
If you are an executor facing pressure to sell estate property, your first step should be a confidential review of the will. We can assess your specific duties and outline the prudent steps required to administer the estate.
