Dying without a will (intestate) does not stop an estate sale — it changes who has authority and who inherits. The process runs through Administration rather than probate of a will.
This page is part of the Probate Real Estate New York guide. Not legal or tax advice — consult an estate attorney or tax professional for your situation.
Letters of Administration
An interested party (usually a spouse or close relative) petitions the Surrogate's Court to be named administrator and receive Letters of Administration — the intestate equivalent of Letters Testamentary.
Who Inherits Under New York Intestacy
New York's EPTL sets the shares: a spouse with children takes the first $50,000 plus half, with children splitting the rest; a spouse alone takes everything; children alone split equally. This often creates multiple heirs on one property.
Selling the Intestate Property
Once appointed, the administrator lists and sells the home much like an executor would — see how to sell a house in probate. All heirs share proceeds by their intestate shares.
Intestate estates frequently produce several co-heirs. Clear communication and a documented, fair-value sale keep everyone aligned and reduce the risk of a partition fight.
Handling an Estate Property Sale on Long Island?
Montauk Dunes Real Estate provides compassionate, expert guidance for executors and families in Nassau County, Suffolk County, and the Hamptons — including traveling notary services for estate documents. Call for a free, confidential consultation.
Call 646-234-2160Frequently Asked Questions
Who can sell the house if there is no will?
Only a court-appointed administrator, once Letters of Administration are issued.
What if heirs disagree about selling?
The administrator can proceed with a proper sale; unresolved disputes may lead to a partition action.
Is intestate administration slower than probate?
It can be, because appointing an administrator and identifying heirs takes time. See probate timelines.