How property is transferred under a will in New York: probate and moving title

Short answer: In New York, real property devised by a will normally transfers only after the will is admitted to probate and the personal representative (executor) receives authority from the Surrogate’s Court (usually in the form of Letters Testamentary). The executor then signs and records a deed (or otherwise transfers title) to the devisee using certified court paperwork. New York does not commonly use a procedure called “probate without qualification” the way some other states might; instead, you will typically need an admission of the will and appropriate court-issued documents to change title.

Detailed answer: How the process works under New York law

This section explains the usual steps you should expect when real estate is left in a will in New York. If you start with no legal background, the list below tells you who does what, when, and why.

1. The will must be presented to Surrogate’s Court

To transfer property under a will, someone (often the named executor) files a petition in the Surrogate’s Court in the county where the decedent lived. The court will review the original will and any supporting proof of execution. The Surrogate’s Court handles admission of wills and appointment of representatives under the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers & Trusts Law (EPTL). See general statutory text: SCPA (Surrogate’s Court Procedure Act) and EPTL (Estates, Powers & Trusts Law).

2. The court admits the will to probate and usually issues Letters Testamentary

If the court admits the will and there are no successful objections, the named executor is usually issued Letters Testamentary. Those letters are the formal court document that identifies who can act for the estate. For most transfers of real estate, the buyer, title company, or county clerk will want a certified copy of the Letters Testamentary (or an exemplified copy of the probate order) before accepting an executor’s deed.

3. The executor collects assets, pays debts, and prepares the transfer

The executor has a duty to marshal estate assets, ensure valid liens (mortgages, taxes) are handled, pay valid claims, and then distribute estate property according to the will. To transfer real property, the executor prepares and signs a deed (often called an executor’s deed or a deed by personal representative) conveying the parcel to the devisee(s). The deed must be properly acknowledged and then recorded in the county where the property lies. Title companies commonly require a certified copy of the probate decree and either certified Letters Testamentary or an exemplified order admitting the will to probate to record the deed.

4. Recording the deed and closing the title

The deed is recorded at the County Clerk’s office where the real property is located. The County Clerk will typically record the deed only when accompanied by the required certified court documents (probate decree and letters). The executor should also check for mortgage payoff, outstanding property taxes, and whether any transfer taxes or exemptions apply. Procedures and forms vary by county.

5. Alternatives and special situations

• If no executor acts, an interested person can petition the Surrogate’s Court for appointment as administrator or for an order allowing the transfer.
• New York has limited small‑estate procedures for tangible personal property and certain simplified collection methods for small estates, but those typically do not apply to real property—real property usually requires formal probate or a court order.
• If the will is contested, title transfers may be delayed until disputes are resolved or a settlement is reached.
• If the decedent owned property jointly or with a beneficiary designation (e.g., transfer-on-death where available), those mechanisms may bypass probate—check how the property titled prior to death.

What the phrase “probate without qualification” means (and why it matters)

Some jurisdictions use phrases like “probate without administration” or “probate without qualification” to indicate admission of a will for the purpose of proving title without appointment of a personal representative who performs estate administration. New York does not generally rely on that concept for transferring real property. In most cases here you will need the Surrogate’s Court to admit the will and to issue letters that enable an executor to sign an official deed. If a court does admit a will but does not appoint or empower someone to act, you should expect title companies and county clerks to request a specific court order or certified paperwork that authorizes recording.

Typical timeline and practical notes

• Uncontested probate where an executor promptly files may take several weeks to a few months depending on local court backlog.
• Contested matters or complex estates can take many months or longer.
• Real estate often cannot be conveyed until the executor has authority and the estate’s obligations (mortgages, taxes) are assessed.

Where to find the law and forms

Statutes and procedure are in New York’s EPTL and SCPA. Helpful official pages include the Consolidated Laws hosted on the New York Senate site: EPTL (Estates, Powers & Trusts Law) and SCPA (Surrogate’s Court Procedure Act). For county‑specific filing instructions and forms, visit the Surrogate’s Court page for the county where the decedent lived or owned real property; New York State court information is available at NYCourts.gov.

Disclaimer: This article explains general New York probate practice and is not legal advice. Laws change and each estate raises unique facts. Consult a New York attorney or the local Surrogate’s Court before acting.

Helpful Hints

• Locate the original signed will and any safe‑deposit records as soon as possible.
• Contact the Surrogate’s Court in the county where the decedent lived to learn required documents and local filing fees.
• Get certified copies of Letters Testamentary and the probate order—title companies and county clerks will usually require them to record a deed.
• Check for mortgages, liens, and unpaid property taxes before attempting to transfer title.
• If the named executor cannot or will not serve, petition the court early to avoid delays in transferring real property.
• For contested wills or complicated estates (liens, out‑of‑state property, tax issues), consult a New York probate or real estate attorney to avoid mistakes that can cloud title.
• Remember that simplified small‑estate procedures in New York rarely apply to real estate—plan for a formal probate process for property transfers.