Inherited a house in New York? Here's the probate timeline.

The estate is handled by the Surrogate's Court of the county (borough) where the person lived.

1. 1. Weeks 1 to 8 to file; letters can take longer in a busy court

   File for probate or administration

   With a will, the executor petitions to probate it; without one, an heir petitions for letters of administration. Close relatives get notice or sign waivers.

   Source: SCPA Arts. 14 and 10

2. 2. After the court approves the petition

   Receive letters

   Letters testamentary or of administration let the fiduciary act for the estate, including dealing with the house.

3. 3. 7 months from letters

   Creditors' period

   Creditors have 7 months from the issue of letters to present claims; distributing before then is at the fiduciary's own risk.

   Source: SCPA 1802

4. 4. After letters

   Sell, rent or deed the house

   If the will gives the executor power to sell, the sale can go ahead with letters. Without that power, a sale usually needs the heirs' agreement or the court's permission.

   Source: EPTL 11-1.1; SCPA Art. 19

5. 5. After the creditors' period

   Account and close

   Debts, taxes and expenses are paid, then the estate is distributed by informal or judicial accounting.

For the house in New York

• New York's small estate (voluntary administration) covers personal property up to $50,000 and does not transfer real estate (SCPA 1301).
• New York has its own estate tax for larger estates; the exclusion changes yearly, so ask the attorney for this year's figure.

Before anyone is appointed

• Secure the house. Lock up, take photos of every room, stop mail from piling up, and keep heat on in winter so pipes don't freeze. Don't remove or sell belongings yet.
• Call the homeowner's insurer. Tell them the owner died. Many policies limit coverage when a home sits empty, so ask what is needed to keep it covered.
• Find the will and the deed. Look for a will, a trust, a transfer-on-death deed or a joint deed. A house held in a trust or with a survivor on the deed may not need probate at all.
• Keep the bills current. Property taxes, the mortgage (if any), insurance and utilities keep coming due. Track who pays what; the estate usually pays it back.

Sources: SCPA Arts. 14 and 10; SCPA 1802; EPTL 11-1.1; SCPA Art. 19.

This report organizes public records and general information. It is not legal, tax or financial advice, and it is not an appraisal. Talk to a probate attorney in your state before acting.