A house can't be sold by someone who isn't on the deed unless the court gives them authority. When an owner has died, the estate usually has to be opened in Surrogate's Court first (unless the property passes outside the estate, such as through joint ownership with survivorship).
General information only, not legal advice. For advice about your situation, talk to a licensed New York attorney or a HUD-approved housing counselor.
Cash buyers regularly buy homes in this situation, but they still need the legal authority to be in place before closing. Be wary of anyone asking you to sign something before the estate is properly open.
Can I sell the house if I'm not on the deed?
Not on your own. Someone with legal authority from the court, or all the owners of record, must sign.
What if the deceased was my parent and there's no will?
You would typically ask the Surrogate's Court for letters of administration. The law sets who is first in line.
What if the deed is still in my grandparent's name?
It's common, and fixable, but it often means more than one estate has to be settled first. A title company can map it out.
Do I have to pay the mortgage while the estate is open?
The loan terms still apply. Contact the servicer early to avoid default.
Use the button at the top of this page to start. It takes about a minute, there is nothing to sign to get an offer, and you can always compare it with listing or with other buyers.
The Key Buyers · 194 Jericho Tpke, Floral Park, NY 11001 · 516-366-2592. This page is general information, not legal or tax advice, and rules change. Every situation is different. Last updated: October 2026.