New York estate probate lawyer Natalia A. Sishodia (https://sishodia.com/can-i-sell-my-deceased-parents-house-without-probate/) provides valuable legal insight into what can be a challenging question for many families: is it possible to sell a deceased parent’s house without going through probate? At Sishodia PLLC, Natalia A. Sishodia addresses how probate applies under New York law and outlines the situations where this process might be avoided.
For many, selling inherited property may seem straightforward, but New York estate probate lawyer Natalia A. Sishodia explains that probate often becomes a necessary step. If the deceased parent was the sole owner of the property or if the estate exceeds the state’s small estate threshold of $50,000, probate is typically required before legal ownership can be transferred. This requirement can cause delays and may lead to complications, especially in cases involving multiple heirs, disputes, or claims from creditors.
That said, there are certain exceptions that can bypass the probate process. According to New York estate probate lawyer Natalia A. Sishodia, ownership structures such as joint tenancy with right of survivorship, property held in a trust, or new options like transfer-on-death (TOD) deeds can allow for the legal transfer of property without court involvement. “Understanding these laws and having the right legal support can make all the difference in successfully managing and selling your deceased parent’s property,” she said.
The presence of joint tenancy means that the surviving co-owner automatically inherits the property and may proceed with a sale without opening probate. Similarly, if the property was placed in a living trust, the successor trustee named in that document can handle the sale without court approval. TOD deeds, now permitted in New York as of July 2024, provide another avenue for property to pass directly to a named beneficiary, avoiding probate altogether.
While these methods can simplify the transfer process, Natalia A. Sishodia emphasizes the importance of ensuring all legal conditions are properly met. Potential issues in non-probate sales include title complications, undisclosed liens, and heir disputes. To mitigate these risks, a title search is critical, as is preparing and filing the proper documentation such as death certificates, affidavits of heirship, and deeds of transfer.
Sishodia PLLC assists clients through each of these steps, from verifying ownership to preparing the legal paperwork required for a sale. The firm also works with title companies to identify any encumbrances that could block a sale and provides legal guidance to address disputes among heirs if they arise. Even when probate is not necessary, the legal process of selling a deceased parent's house in New York must be carefully handled.
There are additional considerations for estates that fall under New York’s small estate process. Known as voluntary administration, this simplified proceeding is available when the estate is valued at $50,000 or less and contains no real property or limited personal property. In such cases, the process avoids many of the requirements associated with full probate, offering a faster path to transferring assets. However, the same diligence must be applied to ensure legal compliance.
Natalia A. Sishodia also highlights how disputes among heirs can stall the process, particularly when there is no will or when documentation is incomplete. These disputes may require legal mediation or arbitration, and clear communication among parties is essential to maintain progress toward a sale. Her guidance helps families avoid preventable delays and promotes an efficient transaction.
Sishodia PLLC supports those navigating the challenges of New York probate law, whether through formal proceedings or alternative methods. The firm provides step-by-step assistance in preparing the required legal documents, ensuring titles are clear, and communicating with all involved parties to finalize the sale.
Working with a qualified legal professional allows families to determine early whether probate is needed and which legal strategies may apply to their situation. Natalia A. Sishodia offers this critical guidance, helping clients take proactive steps that protect both their legal rights and financial interests during the property transfer process.
Those facing the sale of a deceased parent’s property in New York can benefit from assessing the legal requirements as early as possible. Natalia A. Sishodia and her team at Sishodia PLLC are available to help clients evaluate whether probate is necessary and to assist in facilitating the sale, whether through probate or non-probate channels.
About Sishodia PLLC:
Sishodia PLLC is a New York-based law firm offering legal services in estate planning, probate administration, and real estate law. Led by Natalia A. Sishodia, the firm supports individuals and families in managing the legal and financial responsibilities involved in transferring property after the death of a loved one. The firm focuses on delivering reliable legal guidance throughout the probate process and in non-probate real estate transactions.
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Email: natalia@sishodialaw.com
Website: https://sishodia.com/
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Company Name: Sishodia PLLC
Contact Person: Natalia A. Sishodia
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Phone: (833) 616-4646
Address:600 3rd Ave 2nd floor
City: New York
State: New York 10016
Country: United States
Website: https://sishodia.com/
