Selling an Inherited House in Buffalo, NY

Inherited a house in Buffalo? Start here

Losing a parent or relative is hard enough without a house to deal with. In Buffalo the house is often an older single-family home or an upper-and-lower double, sometimes with tenants, sometimes empty, and often with years of belongings inside. Before anyone can sell it, two questions have to be answered: who has the legal right to sign the deed, and what does the house owe (mortgage, city and county taxes, water and sewer charges)?

This guide explains how that works in Erie County: when you need the Surrogate’s Court, the difference between an executor and an administrator, what to do about back taxes, what happens when heirs disagree, and how a sale to Trusty House Buyers fits around the court process. It is general information, not legal advice. An estate attorney or the court’s help center can tell you exactly what your situation requires.

Step 1: Work out who can sign the deed

Look at the deed and ask whether there is a will. The answer usually points to one of these paths:

Situation	What usually happens	Who signs the sale
There is a will naming an executor	The executor files the will for probate in the Erie County Surrogate’s Court and receives letters testamentary.	The executor, under the power of sale New York gives fiduciaries (EPTL § 11-1.1(b)(5)), unless the will limits it or leaves the house to a specific person.
There is no will	A close relative petitions for letters of administration. Priority goes to the spouse, then children, grandchildren, a parent, then brothers and sisters (SCPA § 1001).	The administrator. The letters can contain restrictions (SCPA § 702), so read them before signing a contract.
No will, and the house is the only asset	The courts’ own guidance says an administration may not be necessary, because real property passes to the heirs (distributees) at death.	Usually every heir, together. A real estate attorney and the title company decide what proof of heirship they need.
The deed names the owner with someone else	How the deed is worded matters: tenancy by the entirety, joint tenancy and tenancy in common are treated differently (EPTL § 6-2.2).	Depends on the deed. Have the title company or an attorney read it before you plan anything.

One shortcut that does not work for a house: New York’s small estate process (voluntary administration) only covers personal property of $50,000 or less. It does not apply to real property (SCPA §§ 1301–1302).

The Erie County Surrogate’s Court process

Estates are opened in the Surrogate’s Court of the county where the person had their primary residence (SCPA § 205). For a Buffalo homeowner, that is the Erie County Surrogate’s Court at 92 Franklin Street in downtown Buffalo. Its Help Center (2nd floor, 716-845-7280, Eriesurrogatehelp@nycourts.gov) can explain forms and procedures, although court staff can’t give legal advice.

With a will: probate and letters testamentary

The executor files the original will, a certified death certificate and a probate petition. Every distributee (the relatives who would inherit if there were no will) must be listed and either served with a citation or sign a waiver and consent (SCPA § 1403). Beneficiaries named in the will are also notified. Once the Surrogate is satisfied the will is valid, the court issues letters testamentary, the document a title company will ask to see before the executor signs a deed.

Without a will: administration and letters of administration

The relative with priority files a petition with a certified death certificate and a copy of the paid funeral bill. Relatives with an equal right, such as the decedent’s other children, either sign waivers or receive a citation. Signing a waiver does not give up your share of the estate. The court may require the administrator to post a bond, but it can dispense with it when the administrator is the only heir or everyone interested consents (SCPA § 805(1)).

Filing fees

The fee is based on the value of the estate stated in the petition (SCPA § 2402):

Estate value	Filing fee
Under $10,000	$45
$10,000 to under $20,000	$75
$20,000 to under $50,000	$215
$50,000 to under $100,000	$280
$100,000 to under $250,000	$420
$250,000 to under $500,000	$625
$500,000 and over	$1,250

Not sure whether a relative already opened an estate? The court system’s free WebSurrogate service lets you search Surrogate’s Court files by name or file number.

When the executor or administrator can sell

Once appointed, an executor or administrator generally has the power to sell estate real property at a public or private sale on the terms they think are best for the people interested in the estate (EPTL § 11-1.1(b)(5)(B)). Watch for these exceptions:

• The house is left to a specific person. The statutory power of sale doesn’t cover property the will “specifically disposed of,” such as “my house on Hertel Avenue to my daughter.” That person may simply take the house and sell it, or the sale may need the Surrogate’s approval.
• The will or the letters restrict the power. Letters can be limited or restricted (SCPA § 702). If the power is restricted, the Surrogate can still approve a sale when it’s needed to pay expenses, debts or taxes, or to distribute shares (EPTL § 11-1.1(b)(5)(E) and SCPA § 1902).
• An administrator may need a bond for the sale money. Before an administrator receives the proceeds of a sale of real property, SCPA § 805(3) requires an additional bond in the amount of the proceeds, unless the court dispensed with the bond as described above or the existing bond already covers it.

Two more rules shape the timeline. Creditors who don’t present a claim within 7 months after letters are issued can’t hold the fiduciary responsible for good-faith payments and distributions made before the claim arrived (SCPA § 1802), which is one reason estate attorneys often hold sale proceeds for a while before paying out shares. And an executor or administrator selling for the estate is exempt from New York’s Property Condition Disclosure Statement (Real Property Law § 463), which suits an as-is sale of a house nobody in the family lived in recently.

Who inherits when there is no will

New York’s intestacy statute, EPTL § 4-1.1, decides who the distributees are. In the simplest cases:

The person who died left…	Who inherits
A spouse and no children	The spouse inherits everything.
Children and no spouse	The children inherit everything, in equal shares.
A spouse and children	The spouse receives the first $50,000 plus half of the rest; the children share the balance.
Parents, but no spouse or children	The parents inherit everything.
Brothers or sisters, but no spouse, children or parents	The siblings inherit everything.

If a child died before the parent, that child’s own children step into their place. Stepchildren and foster children don’t inherit unless they were legally adopted. When two or more people inherit a house this way, they own it together as tenants in common (EPTL § 6-2.2(f)), which is why every one of them matters when it’s time to sell.

Back taxes on an inherited Buffalo house

Taxes are where inherited houses in Buffalo most often get into trouble, because bills and notices keep going to the deceased owner’s address. A Buffalo property has two tax collectors:

• The City of Buffalo bills city property taxes and sewer rent, and the City’s User Fee Office collects user fees. When these go unpaid, the City’s Department of Assessment and Taxation and its Law Department enforce them through an annual in rem foreclosure under Article 11 of the Real Property Tax Law. In the current case, In Rem 56, the City foreclosed on 2023-and-earlier liens that had been unpaid for at least 18 months. The redemption deadline was August 28, 2026, and the auction is tentatively scheduled for March 23–25, 2027. Redeeming meant paying all the old charges plus penalties, interest and a $500 foreclosure fee. The City says it may still accept payment after the deadline and before the sale, but only of everything owed, including newer years.
• Erie County collects county property taxes. Buffalo owners can pay current county taxes online at paytax.erie.gov or at Real Property Tax Services in the Rath Building, 95 Franklin Street (716-858-8333). The County runs its own in rem foreclosures under the Erie County Tax Act. In Rem 174, for 2023-and-earlier county taxes, was filed on May 5, 2026, and the County’s notice directs owners of City of Buffalo property to contact the City of Buffalo tax department about it.

Two details matter for heirs. Only the owner or someone legally authorized to act for them can sign a payment plan with the City, and the City lists letters of administration or an executor’s papers among the documents it may ask for. And a payment plan alone doesn’t stop the foreclosure; the plan has to be completed by the redemption deadline. If a house has already been sold at a tax auction, the former owner may be able to claim surplus money through the Erie County Clerk. For free help, the City points owners to the Western New York Foreclosure Prevention Project at (716) 855-0203 ext. 124 and the state’s Homeowner Protection Program at 1-855-466-3456 (homeownerhelpny.org).

The practical steps: call the City (716-851-5733 ext. 2) and the County (716-858-8333) for payoff figures as soon as you can, keep the house insured, and if you plan to sell, tell the buyer and title company about any in rem notice right away. Delinquent taxes can be paid from the sale proceeds at closing if the sale closes in time.

If there is a mortgage on the house

A mortgage doesn’t disappear when the borrower dies, but federal law stops a lender from calling the loan due just because a 1-4 unit home passed to a relative after the borrower’s death (12 U.S.C. § 1701j-3(d)). Keep making payments if you can while the estate is opened, and ask the servicer for a payoff statement. When the house sells, the title company or closing attorney pays the mortgage off from the proceeds. If payments have already stopped and a foreclosure has started, read our New York foreclosure guide, which explains the 90-day notice, settlement conferences and the rules for selling during a foreclosure.

When heirs don’t agree

Families often split over whether to keep, rent or sell a parent’s house. If co-owners can’t agree, any of them can ask a court to partition the property, and a court-ordered sale is usually the worst outcome for everyone. New York’s Uniform Partition of Heirs Property Act (RPAPL § 993) adds protections when the house was inherited within the family: the court determines the fair market value, and the heirs who did not ask for a sale get the right to buy out the ones who did at that value, electing within 45 days after the notice of value. Many families reach the same result without a lawsuit: one heir buys the others out, or everyone agrees to sell and split the proceeds. A written cash offer gives the family a concrete number to discuss.

Buffalo problems heirs commonly run into

• Doubles with tenants. Leases carry over to the estate and then to a buyer. When the property sells, New York requires the security deposits to be turned over to the buyer, with notice to each tenant by registered or certified mail (General Obligations Law § 7-105). See our guide to selling a house with tenants.
• An empty house through a Buffalo winter. Frozen pipes, roof leaks and break-ins are real risks in a vacant house. Tell the insurance company the house is empty, because many homeowner policies limit coverage for vacant homes, and keep the heat on or have the plumbing winterized.
• Older houses needing major work. Most of Buffalo’s housing was built before World War II. Old wiring, galvanized pipes, wet basements and worn porches can make a house hard to sell to a buyer using a mortgage, especially before the estate has money to fix anything. Read selling a house in bad shape.
• A full house of belongings. Sorting decades of furniture and papers takes time, and the house costs money every month. We buy houses as they are; take what you want and leave the rest.
• Heirs who live out of town. Many families have scattered from Western New York. Signing can usually be handled by mail with a notary, and the closing attorney coordinates the documents.

Taxes to know about when you sell

• New York estate tax applies only to large estates. For deaths in 2026, a New York estate must file a return only if the federal gross estate plus certain gifts is more than the basic exclusion amount of $7,350,000 (NYS Department of Taxation and Finance, estate tax).
• Income tax basis. Under federal rules, the basis of inherited property is generally its fair market value on the date of death (IRS Publication 551). If the house sells soon after for about that value, there is often little or no taxable gain. Ask a tax professional about your numbers.
• Transfer tax. New York’s real estate transfer tax is $2 for every $500 of the price and is paid by the seller unless the contract says otherwise. In a sale to us, we pay the closing costs, including this tax.

Your options for an inherited Buffalo house

Option	Best when	Watch out for
Keep it or move in	An heir wants the house and can buy out the others or cover the costs.	Taxes, insurance and any mortgage must stay current; co-heirs need to agree in writing.
Rent it out	The house is in good shape and someone can manage it.	The estate becomes a landlord, with repairs, tenants and the City of Buffalo’s rental rules.
List it with an agent	The house is updated, the estate has time and money for repairs and showings, and all heirs agree.	Commissions, repairs a buyer’s lender may require, and months of carrying costs.
Sell as-is for cash	The house needs work, has tenants or belongings, taxes are behind, or heirs are out of town and want a certain closing date.	A cash offer is usually below full retail value. Compare it with what the estate would net after repairs, commissions and carrying costs.

How a sale to Trusty House Buyers works with an estate

• Talk to us early. You don’t need letters in hand to get a number. Tell us about the house, the estate’s status and any tax or mortgage problems.
• Get a written cash offer. We buy as-is: no repairs, no clean-out, no showings and no agent commissions. We pay the closing costs.
• Contract with the right signer. We sign with the executor or administrator once the court has given them authority, or with all the heirs when no estate is needed, and we work with the estate’s attorney on any court approval.
• Close on the estate’s timeline. A title company or closing attorney pays off the mortgage, back taxes, water and sewer charges and other liens from the sale. The rest goes to the estate for distribution.

What to gather

• Certified death certificates (title companies and the court each want them)
• The original will, if there is one, and the letters testamentary or letters of administration
• The deed, recent City of Buffalo and Erie County tax bills, and any in rem or delinquency notices
• The latest mortgage statement and any home equity loan or reverse mortgage paperwork
• Water, sewer and utility account numbers, and the homeowner’s insurance policy
• Leases, rent records and security deposit records, if the house is rented
• Names and contact details for every heir or beneficiary

Related guides

Sources: New York Surrogate’s Court Procedure Act §§ 205, 702, 805, 1001, 1301, 1302, 1403, 1802, 1902 and 2402; Estates, Powers and Trusts Law §§ 4-1.1, 6-2.2 and 11-1.1; Real Property Law § 463; Real Property Actions and Proceedings Law § 993; General Obligations Law § 7-105 (New York State Senate, nysenate.gov); NY Courts CourtHelp pages on probate, administration, intestacy and fiduciaries, the Court Help Centers directory and WebSurrogate (nycourts.gov); City of Buffalo In Rem Foreclosure page and In Rem Information and FAQ (buffalony.gov); Erie County Real Property Tax Services auction and In Rem 174 information, Erie County Department of Law (erie.gov); NYS Department of Taxation and Finance (estate tax, real estate transfer tax); IRS Publication 551; 12 U.S.C. § 1701j-3(d). Checked November 4, 2026. This is general information, not legal advice. Talk with a New York estate attorney about your situation.