Detailed Answer

Quick overview: If your parent died in New York without a will (intestate), the process to put the house into you and your siblings’ names depends on how the house was owned (sole ownership, joint tenancy, trust, mortgage, or a transfer-on-death instrument). In most cases where the decedent owned the house in their sole name, you must open an estate administration in the Surrogate’s Court for the county where they lived, obtain authority to act (letters of administration), and then use that authority to convey title to the heirs under New York’s intestacy rules. This article explains the usual steps, the documents you’ll need, and practical tips.

Step 1 — Confirm ownership and whether probate is needed

Check the deed and public records at the county clerk’s office to see how the property is titled:

• If the deed names a surviving joint tenant with right of survivorship, that surviving owner takes title automatically and you usually do not need probate. Record the death certificate with the county clerk to change the public record.
• If the deed names the decedent as sole owner (or in a way that does not create survivorship), the property is part of the decedent’s estate and probate/administration through Surrogate’s Court is normally required.
• If the property was owned through a living trust, the trustee should be able to transfer title outside probate according to the trust document—check the trust paperwork and contact the trustee.

Step 2 — Gather documents and information

Collect:

• Certified copy of the death certificate (several copies).
• Original deed and any prior deeds; recent mortgage statement(s) and property tax bills.
• List of heirs (names, addresses, dates of birth if available) — typically spouse and children under New York law.
• Estimates of property value (county assessment and a recent market estimate or appraisal if possible).

Step 3 — Open administration in Surrogate’s Court if required

When the house was sole-owned by the decedent, a relative (usually one of the heirs) must file a petition in the Surrogate’s Court in the county where the decedent lived asking to be appointed administrator. The court issues official authority (letters of administration) that allow that person to act for the estate. The rules and forms are handled by the local Surrogate’s Court; see the state court Surrogate’s Court landing page for county contact information and procedures: https://www.nycourts.gov/courts/surrogates/. The Surrogate’s Court and the Surrogate’s Court Procedure Act provide the procedures for appointment and administration (see New York statutes: https://www.nysenate.gov/legislation/laws/SCPA and the Estates, Powers & Trusts Law (EPTL): https://www.nysenate.gov/legislation/laws/EPTL).

What the administrator does to transfer the house

1. Obtain letters of administration from the Surrogate’s Court.
2. Resolve liens/mortgage and pay valid debts from estate funds (or arrange payoff / assumption).
3. Prepare and sign a deed transferring title from the estate to the heirs (or to one or more heirs if they will own it jointly), following the intestacy distribution rules in New York (the EPTL governs who inherits when there is no will; see EPTL).
4. Have the deed acknowledged/notarized and file (record) it at the county clerk’s office where the property is located. The county clerk’s office can confirm the required filing documents and recording fee.

How New York intestacy typically divides property

Under New York’s intestacy rules, distribution depends on who survives the decedent (spouse, children, grandchildren). For example, if the decedent was survived only by children, the estate generally passes to the children in equal shares. If there is a surviving spouse, the spouse’s share may vary depending on whether the decedent also left children who are not the spouse’s children. The specific sections of the Estates, Powers & Trusts Law control intestate distribution; see EPTL for the governing rules: https://www.nysenate.gov/legislation/laws/EPTL.

Alternative / simplified options that may apply

• If the house was jointly owned with rights of survivorship, probate may not be needed.
• If the estate’s total assets are very small, some counties offer simplified or voluntary administration procedures; check the local Surrogate’s Court. The availability and thresholds vary and the court’s website or clerk can explain local procedures.
• If all heirs agree, the administrator can often execute a deed conveying title directly to the heirs rather than selling, which simplifies things once the court appoints an administrator.

Practical timeline and costs

Time to complete administration depends on complexity: simple administrations can take a few months; more complex estates with debts, taxes, or disputes can take a year or more. Expect court filing fees, possible publication or notice costs, and attorney fees if you hire counsel. If the estate must file a federal or New York estate tax return, that can add complexity.

When to consult an attorney

Talk with an attorney if any of the following apply: the title is unclear, there is a mortgage or tax lien, heirs disagree, there are creditors, or the estate may owe taxes. An attorney focused on estate administration can prepare the petition, represent the estate in Surrogate’s Court, and prepare the deed and other transfer documents.

Useful New York government resources

• Surrogate’s Court information and county contacts: https://www.nycourts.gov/courts/surrogates/
• Estates, Powers & Trusts Law (state statute governing intestacy and estate distribution): https://www.nysenate.gov/legislation/laws/EPTL
• Surrogate’s Court Procedure Act (procedures for administration and court practice): https://www.nysenate.gov/legislation/laws/SCPA

Short hypothetical example (illustrative)

Maria’s father lived in Westchester County and owned the house solely in his name. He died without a will and left three adult children and no spouse. Maria checked the deed and confirmed sole ownership. She obtained several certified death certificates, gathered the deed and recent tax bill, and petitioned the Westchester Surrogate’s Court to be appointed administrator. After the court issued letters of administration, she paid outstanding utilities and the final property tax bill from estate funds, then executed and recorded a deed transferring the house to the three siblings as joint tenants (or tenants in common as they agreed). The transfer required recording the deed at the county clerk and providing the bank notice of the change in ownership because a mortgage remained.

Disclaimer

This information is educational and general only. It is not legal advice. Laws and court procedures can change and facts you don’t mention can affect how the law applies. For help specific to your situation, contact the Surrogate’s Court in the county where the decedent lived or consult an attorney licensed in New York.

Helpful Hints

• First step: pull the deed at the county clerk’s office to confirm how title is held.
• Obtain multiple certified death certificates immediately—counties and institutions often require originals.
• Call the local Surrogate’s Court clerk’s office for filing instructions and local form availability before you go—many courts have downloadable forms.
• If there is a mortgage, contact the mortgage lender early to discuss options (payoff, assumption, or refinancing by heirs).
• If all heirs agree, document the agreement in writing so the administrator can present it to the court if needed.
• Keep careful records of estate receipts and payments; administrators must account to the court in many cases.
• If you expect disputes or complicated issues (creditors, multiple marriages, unclear heirs), hire an attorney to reduce delays and risks.