Detailed answer (plain English, New York law)

Short answer: No — the New York “small estate” process is generally a summary procedure for certain personal property and does not let you sell real property (a house). Publishing a three‑month notice to creditors under a small estate affidavit will not create authority to transfer or sell real property. To sell a decedent’s house you usually need formal authority from the Surrogate’s Court (letters testamentary or letters of administration) or another court order, unless title already transfers automatically by operation of law (for example, joint tenancy or a valid transfer‑on‑death instrument).

Why: New York’s small estate procedures are designed to allow collection and distribution of certain personal property (bank accounts, personal effects, etc.) without full probate or administration. Real property generally requires a formal probate or administration to clear title so a buyer and a title company will accept the sale. The Surrogate’s Court Procedure Act (SCPA) and New York court practice govern probate, administration, and what procedures let someone act for the estate. For general information about estate administration in New York see the SCPA and court self‑help resources:

• Surrogate’s Court Procedure Act (SCPA) — New York Consolidated Laws
• NY Courts – Estate & Probate Self‑Help

Practical implications

If you try to sell the house without proper authority, a title company will usually refuse to insure title. That blocks most buyers and lenders. Typical lawful paths to sell the house include:

• The named executor (if there is a valid will) is appointed by the Surrogate’s Court and issued letters testamentary; the executor can then sell estate real property if the will or court permits.
• If there is no will, an administrator is appointed (letters of administration) and can sell the property for the benefit of the estate subject to court approval or statutory authority.
• If the property passed automatically (e.g., joint tenancy with right of survivorship, or a valid beneficiary designation/transfer‑on‑death deed), the survivor or beneficiary may be able to transfer or sell without probate — check title records and the deed.
• In urgent situations, the court can sometimes issue an order authorizing an interim sale (for example, to prevent waste or pay debts) even before full administration is complete.

Creditor notice issues

Notices to creditors are part of the estate administration process, but the exact requirements depend on the procedure used:

• Summary/small‑estate collection procedures typically focus on limited personal property and may have shorter notice or claim procedures. They are not designed to handle or transfer real estate.
• Formal administration (letters testamentary/letters of administration) may require publication and mailing notice to known creditors and gives creditors a statutory period to present claims. The Surrogate’s Court Procedure Act and court rules describe creditor notice in probate/administration matters; consult the SCPA and the Surrogate’s Court where the estate is filed for specifics.

Typical steps you should expect to take

1. Check title: Confirm how the property is titled (sole name, joint tenancy, beneficiary designation, trust, etc.).
2. Check for a will: If there is a will, determine whether an executor is named and whether the will has been or should be filed in Surrogate’s Court.
3. If probate/administration is required, file in Surrogate’s Court in the county where the decedent lived. The court will appoint an executor or administrator and issue letters that give authority to act for the estate.
4. Work with a title company and, if needed, a real estate attorney or estate attorney to obtain a marketable title and satisfy mortgage or lien issues before sale.

Because the rules and forms vary with facts (e.g., whether the decedent owned the home outright, had a mortgage, owned property jointly, left a will, or left very small assets), the safest course is to consult an estate attorney or the Surrogate’s Court clerk for guidance about whether you can sell now and what notices (if any) you must publish.

Where to read more (official resources)

• New York SCPA (Surrogate’s Court Procedure Act) — statutory text and topics for probate/administration.
• NY Courts — Estate & Probate Self‑Help — practical steps for probate, small estates, and where to file.

Disclaimer: This information explains general New York procedures and is not legal advice. It does not substitute for an attorney’s review of your particular situation. Laws and court practices change; consult a licensed New York attorney or the Surrogate’s Court for advice tailored to your case.

Helpful hints

• Do not rely on a small‑estate affidavit to sell a house. Small‑estate tools generally cover personal property, not real estate.
• Check the deed at the county clerk or recorder to confirm title type (joint tenancy, TOD deed, trust, sole ownership).
• If the house has a mortgage, contact the lender — their payoff must be handled in any sale.
• If you find a will, file it promptly with the Surrogate’s Court in the county where the decedent lived.
• Ask the Surrogate’s Court clerk whether a limited or expedited administration might work in your case and what notice to creditors (if any) the court requires.
• Talk to a real estate closing/title company early; they will identify title defects and the documentation required to close a sale.
• If cash is needed quickly to preserve the value of the house, ask an attorney about emergency or interim court orders that can authorize action before final administration is complete.
• Keep records and copies of all filings, published notices, communications with creditors, and any court orders — buyers and title companies will expect a clear paper trail.