Letters Testamentary NY: What an Executor Can Do With a House

‍Letters Testamentary NY: What an Executor Can Do With a House

A few days after a death, families often find themselves standing in a quiet house, looking at the mail, the keys, and the questions no one wants to face yet.

The home still needs heat. The insurance carrier needs an update. The mortgage payment may still be due. A neighbor might call about a leak. Someone asks whether the house can be listed, or whether a sibling can move in “for now.”

Then the hard truth appears. Even if the family agrees on what should happen, the deed is still in the decedent’s name. Most institutions will not accept “we are the executor” as proof. They want the court’s proof.

In New York, that proof is usually letters testamentary. These are the documents that allow an executor to act on behalf of the estate, including taking steps related to a house.

This article explains what letters testamentary are, what they allow you to do once they are issued, and how to handle the most common property decisions without creating unnecessary conflict.

What Letters Testamentary Are, and What They Are Not

The plain English definition

Letters testamentary are issued by the Surrogate’s Court after a will is admitted to probate. They are the court’s written confirmation that you have the authority to act as executor.

Think of them as your legal identification for the estate. Banks, title companies, insurers, and buyers rely on them because they need to know they are dealing with the right person.

Without letters, many necessary steps are blocked or delayed. With letters, you can take control of estate assets and make legally recognized decisions.

Letters testamentary versus the will itself

Families often assume the will is enough. The will tells you who the decedent wanted to serve as executor, and it describes how assets should be distributed.

But the will, by itself, does not usually give you the power to sign a deed, sell property, access accounts, or negotiate with third parties. Those parties need proof that the court has accepted the will and authorized you to act.

That is the role of letters testamentary. The will is the plan, and letters are the permission to execute it.

Where they come from

Letters testamentary come from the Surrogate’s Court in the county where the decedent was domiciled at death. The executor, often with counsel, files a probate petition and supporting documents.

Timing matters, and it is also one of the most misunderstood parts of the process. Letters are not issued the day after a death. The court must review the petition, confirm notice requirements, and address any issues that arise, such as questions about heirs, service, or objections.

A practical mindset helps. The goal is to file correctly, promptly, and with enough information to avoid avoidable delays. When a house is involved, time is not an abstract concept. It affects maintenance, security, and carrying costs.

What an Executor Can Do With a House Once Letters Are Issued

Secure and protect the property

Once you have letters testamentary, you can take steps to secure and preserve the home. That typically includes changing locks if appropriate, ensuring the property is insured, and maintaining basic utilities to prevent damage.

Preservation is a duty, not a preference. If pipes freeze, if a leak spreads, or if the property is vandalized, the estate can lose value quickly. The executor is expected to act reasonably to prevent that.

Good executors document what they do. Keep receipts. Keep notes of who you spoke with. Track mileage if you are traveling. Write down when you visited the property and what you observed.

Those simple habits reduce conflict later because they create a clear record of responsible action.

Access information and communicate with third parties

Letters testamentary also allow you to communicate with third parties as the legal representative of the estate. That can include the mortgage servicer, the property insurer, municipal departments, and property management.

For co-ops and condominiums, building management may require formal documentation before they will speak with you about arrears, approvals, repairs, or access procedures. Letters help unlock those conversations.

For a single-family home, letters often matter when you need to address taxes, violations, permits, and any issues that a buyer’s title search will later uncover.

Make decisions about occupancy and use

One of the most sensitive questions is who can be in the house, and on what terms.

A family member may say, “Let me stay there while we figure things out.” Sometimes that request comes from need, and sometimes it comes from momentum, the desire to avoid change.

From a legal and practical standpoint, informal occupancy can create serious problems. It can lead to disputes over rent, utilities, maintenance, and the timing of a sale. It can also complicate insurance coverage and liability.

Here are practical dos and don'ts I often share with families.

• Do keep the property secure and insured.
• Do decide who has keys, and keep it consistent.
• Do set clear expectations about access, including contractors and appraisers.
• Do not allow open-ended occupancy without a written plan.
• Do not pay estate bills from your personal account without documenting it.
• Do not assume family agreement today means family agreement next month.

Selling the House in Probate: What Is Allowed and What Usually Matters Most

Authority to list and sign, and why buyers ask for letters

In many New York estates, the house is the largest asset. Selling it may be necessary to pay debts, distribute inheritances, or prevent ongoing carrying costs from draining the estate.

Once letters testamentary are issued, the executor typically has authority to list the property, sign a contract of sale on behalf of the estate, and proceed to closing, subject to any limits in the will and the circumstances of the estate.

Buyers, and especially their attorneys and title companies, will usually request proof of authority early. They want to see letters testamentary because they need to know the person signing has the legal capacity to do so.

This is also where clean communication matters. If you list a house before letters are issued, you may attract interest that you cannot convert into a signed contract yet. That can frustrate buyers and can create pressure inside the family.

A well-paced approach is often better. Get letters, then list with a timeline you can actually meet.

Paying debts and expenses tied to the property

Executors often ask, “Can I pay the mortgage from estate funds? Can I pay for repairs? Can I hire someone to clean out the house?”

Generally, executors can pay reasonable estate expenses and preserve estate property. The question is less about whether you can do it and more about how you do it.

Use an estate account when possible. Track each expense. Keep invoices. Understand whether an expense is preservation, improvement, or personal convenience. Those categories matter if beneficiaries later question what happened.

You also need a strategy for carrying costs. Mortgage payments, taxes, insurance, and utilities add up. If the estate has limited liquidity, selling sooner may be the responsible choice, even if it is emotionally difficult.

When the court or beneficiaries can complicate timing

Even with letters testamentary, timing can be affected by disputes, objections, or uncertainty about beneficiaries.

A simple example is a family disagreement about price. One beneficiary believes the house should be held for a better market, another wants to sell quickly because they cannot wait for distribution. If the executor does not communicate clearly, a disagreement can harden into a formal dispute.

Another example is a contested probate, or a challenge to the will. In those situations, decisions about selling property can become politically charged and legally complex.

The best way to reduce friction is to create a transparent plan. Share the steps. Explain why timing matters. Provide updates. Document decisions.

I have seen probate sales go smoothly when the executor treats the role like a project with a calendar and a paper trail. I have also seen sales become painful when decisions were made informally, then defended emotionally later.

Common Pitfalls That Create Family Conflict, and How to Avoid Them

Mixing personal money and estate money

Executors are often generous. They pay for lawn care or repairs out of pocket “just to handle it.” Then months later, when the estate is ready to distribute assets, someone questions the reimbursements.

This can be avoided with structure. Keep receipts, write down what each expense was for, and reimburse through the estate account when possible. If you must pay personally, keep a clear ledger. Transparency prevents suspicion.

Letting someone move in without a plan

A house with an informal occupant can be harder to sell, harder to insure, and harder to manage.

If a family member truly needs access, create a written arrangement with a timeline, responsibilities, and clear rules. It is not about being cold. It is about protecting relationships by avoiding misunderstandings.

Delaying decisions because everyone is grieving

Grief changes attention and energy. That is normal. But property does not pause. Maintenance continues. Bills arrive. Weather happens. Neighbors notice neglect. Carrying costs do not wait for emotional readiness.

A calm plan can actually support grief because it reduces background stress. When families know what is happening next, they can focus on healing rather than arguing.

This is where legal guidance can be valuable. An attorney can help you file for probate efficiently, obtain letters, and build a timeline for property decisions that is realistic and respectful.

Moving Forward Without Guessing

Letters testamentary are the key that lets an executor act, especially when a house is involved. Once letters are issued, you can secure the property, communicate with third parties, and make legally recognized decisions about maintenance and sale.

If you want help starting probate, obtaining letters testamentary, and building a practical plan for a New York home in an estate, contact our office. We can review the facts, explain the timeline in plain language, and help you take the next step with clarity.