Detailed answer: How to buy out your siblings’ shares in a parent’s house under New York law

Short answer: First confirm who legally owns the house (sole ownership, joint tenancy, or estate property). If the property passed into the estate or into tenants in common with multiple heirs, you can usually buy your siblings’ shares by agreeing on a valuation, documenting the sale with proper deeds, and recording that transfer — but you may need letters of administration or court approval if the estate is in probate. If co‑owners refuse to sell, you can bring a partition action in Supreme Court. Follow the Surrogate’s Court and real property rules in New York during each step.

Step-by-step process

1. Confirm legal ownership and whether probate is required

Check the deed recorded in the county clerk’s office where the house is located. Look for key phrases: “joint tenants with right of survivorship” means the decedent’s share likely passed automatically to the surviving owner(s) and may avoid probate. If the deed lists the parent as sole owner at death, the property typically becomes part of the parent’s estate and may require probate or administration through Surrogate’s Court.

For general guidance about probate and administration in New York, see the Unified Court System’s probate overview: https://www.nycourts.gov/courthelp/estate/probate.shtml.

2. If the property is in the estate: appoint or identify the fiduciary

If your parent left a will, the named executor (personal representative) should obtain letters testamentary from the Surrogate’s Court. If there is no will or no named personal representative, an heir can petition for letters of administration. The fiduciary has authority to handle estate assets, but some transfers or sales may require court approval.

See general Surrogate’s Court procedure and statutes at the New York Consolidated Laws pages: https://www.nysenate.gov/legislation/laws/SCPA and the Estates, Powers & Trusts Law: https://www.nysenate.gov/legislation/laws/EPTL.

3. Determine the house’s fair market value and the siblings’ shares

Get a professional appraisal or a broker price opinion to establish fair market value. If multiple heirs inherit equally and the house is estate property, each heir’s share is generally their proportionate interest after debts and expenses. If your siblings and you are tenants in common, each owner’s share will reflect what the deed or intestacy rules specify.

4. Negotiate a buyout price and terms

Calculate the buyout price: (fair market value) × (heir’s percentage) minus any outstanding mortgage or liens attributable to that share, plus a share of closing costs and transfer taxes as applicable. Put the agreement in writing. Consider escrow, deadlines, and who will pay closing costs, payoff of mortgages, and any estate obligations.

5. Use the correct transfer instrument

If heirs already own title (tenants in common), the siblings selling their share will usually execute a deed (often a quitclaim or warranty deed) transferring their interest to you, which you then record in the county clerk’s office.

If the property is still estate property and a fiduciary holds title, the executor or administrator must convey the property. That may be done by an executor’s deed or by court‑authorized deed if the fiduciary lacks specific authority. In some cases, the Surrogate’s Court may need to approve the transfer or sale.

6. Address mortgages, liens, and creditor claims

If a mortgage or lien exists, confirm payoff amounts at closing. If the transfer occurs while the estate is open for creditor claims, the fiduciary must ensure distributions don’t violate creditor rights. The fiduciary should consult Surrogate’s Court rules or seek court directions when uncertain.

7. Closing and recording

Close the transaction through a title or escrow company. Record the deed at the county clerk’s office where the property sits. Confirm payment of any required transfer taxes or recording fees. For information on New York State real estate transfer taxes, see the Department of Taxation and Finance: https://www.tax.ny.gov/pit/file/real_estate_transfer_tax.htm.

8. If siblings refuse to sell: partition action

If you cannot reach an agreement, you can file a partition action in New York Supreme Court under the Real Property Actions and Proceedings Law (RPAPL). The court can divide the property physically (partition in kind) or order a sale and divide the proceeds among owners (partition by sale). See the RPAPL statutes and procedures: https://www.nysenate.gov/legislation/laws/RPAPL.

Practical considerations and timing

• Get a title search early to discover mortgages, liens, easements, and other encumbrances.
• If the estate must pay debts or taxes, distributions (including a buyout) may need to wait until creditor deadlines have passed or the court approves a distribution plan.
• Retain a real estate attorney for drafting deeds and closing documents and a probate attorney if the estate is open in Surrogate’s Court.
• Consider tax consequences (federal and state) and exemptions for transfers by reason of death; consult a tax adviser if needed.

Key New York laws and resources

• New York Unified Court System—Probate and administration: https://www.nycourts.gov/courthelp/estate/probate.shtml
• Estates, Powers & Trusts Law (EPTL) (New York consolidated laws): https://www.nysenate.gov/legislation/laws/EPTL
• Surrogate’s Court Procedure Act (SCPA): https://www.nysenate.gov/legislation/laws/SCPA
• Real Property Actions and Proceedings Law (RPAPL) (partition actions): https://www.nysenate.gov/legislation/laws/RPAPL
• NY Department of Taxation and Finance—Real estate transfer tax: https://www.tax.ny.gov/pit/file/real_estate_transfer_tax.htm

Helpful Hints

• Start with a title search and an appraisal—knowing title issues and market value prevents surprises.
• Get a death certificate and the recorded deed before taking any steps; those documents guide whether probate is needed.
• If the estate is open, communicate with the executor/administrator early and ask for an accounting of estate liabilities.
• Use a written purchase agreement and close through escrow or a title company to protect everyone’s funds and records.
• Ask about exemptions to transfer taxes for transfers by reason of death or by executors administering an estate.
• If you anticipate family conflict or hold an unequal financial position, consider mediation before starting court actions like partition.
• When in doubt about probate timelines, creditor exposure, or fiduciary authority, consult a probate attorney to avoid accidental breach of duty.

Disclaimer: This article explains general New York law and common steps for buying co‑owners’ interests in a house. It is educational only and not legal advice. For advice about your specific situation, speak with a licensed New York attorney.