Executor FAQ
for Erie County

01 · Protect the property

What should you do first?

Start by securing the house and engaging the professionals you need at your side. Confirm who is authorized to act before removing belongings or making decisions on behalf of the estate.

How should I secure the house?

Arrange to change or rekey the locks when appropriate, since you may not know who has a key. Check that windows and other entry points are secure. Discuss access with the authorized estate representative, especially if anyone is still occupying the home.

What should I tell the insurance provider?

Tell the insurer about the owner’s death and whether the property is vacant or unoccupied. Ask about coverage, inspections, and any vacancy endorsement or separate policy the home may need. Do not assume the existing policy provides the same protection after occupancy changes.

Which belongings and records should I protect?

Before a cleanout, identify items named in the will or requested by heirs, along with valuable heirlooms and collections. Photograph the rooms and contents, and make a plan with the authorized representative for what should be secured.

Gather the will, original legal papers, cash, and financial records. Useful property documents include:

• The deed and current mortgage statements
• Property tax bills and home insurance policies
• Utility bills and homeowners association documents
• Records of other property obligations

Secure electronic devices and tell the attorney about any digital payment accounts, such as PayPal, Venmo, or Cash App. Ask how these accounts should be handled rather than using them without confirmed authority.

Should I keep the water and utilities on?

Keep the services needed to protect the property from freezing, leaks, and moisture problems. Water may also be needed for cleaning. Ask a qualified property professional whether the water should be shut off while the house is unattended and how that would affect the heating system or other equipment.

How should I handle mail and subscriptions?

Arrange mail forwarding and review subscriptions and deliveries with the authorized estate representative. Credit card statements and account records can help identify internet service, news subscriptions, bookkeeping programs, and other recurring charges.

02 · Build your support team

Which professionals should you hire?

Do I need an attorney experienced in New York probate?

You may be able to handle some estate matters without a lawyer, but probate can be complicated. An attorney familiar with New York and Erie County estate proceedings can help you understand deadlines, documents, authority, and the requirements that apply to the property.

Can Dan work with my current attorney?

Yes. Dan can work with your current attorney on the real estate aspects of the estate. If you need help finding an attorney experienced in New York probate, Dan can recommend local attorneys who have served his clients well, with no obligation to use his real estate services.

Family disagreements can make an already emotional process more difficult. Your attorney and real estate professional can help keep responsibilities clear and communication focused on the estate’s needs.

Why choose a real estate agent who specializes in probate?

Choose someone who understands the practical work involved in an inherited property and can coordinate with the estate’s attorney.

Why choose an agent before the house is ready to sell?

The help you receive along the way can be valuable. As your Buffalo and Erie County probate real estate professional, Dan can:

• Provide a preliminary opinion of the property’s date-of-death value and help coordinate a formal appraisal when appropriate
• Work with you and your attorney on the real estate details that affect the estate’s timeline
• Help keep communication with heirs focused on property decisions
• Coordinate professionals for changing locks, sorting possessions, estate sales, donations, cleaning, and cleanout
• Help arrange lawn care, snow removal, and needed repairs or improvements

Learn more about Dan’s probate property services and the local professionals who can help.

03 · Confirm authority and expenses

What authority do I need, and how should bills be paid?

Your attorney and real estate professional should be coordinating now. The property valuation and preparation plan can move forward alongside the estate process, with your attorney confirming what you are authorized to do.

Which documents authorize me to act for the estate?

In a probate proceeding, the court may issue Letters Testamentary to the appointed executor. When there is no will, Letters of Administration may apply instead. Filing a petition does not itself mean the appointment is complete.

Ask the estate’s attorney which documents are needed, whether there are any limits on your authority, and who is authorized to sign a listing agreement or sale contract. The answer can depend on the will, the property’s ownership, and the estate’s circumstances.

Official background: New York Courts: probate with a will and administration without a will.

How should ongoing property bills be paid?

Utilities, mortgage payments, insurance, HOA fees, and maintenance may continue while the house is being prepared or marketed. Ask your attorney how these bills should be paid and whether an estate bank account is appropriate.

If the estate does not have enough funds, get advice before paying bills out of your own pocket. Keep detailed records of cleanout, minor repairs, lawn care, snow removal, and other carrying costs. Your attorney can explain which expenses the estate may pay and how any reimbursement should be documented.

Need a definition or a general process overview? Visit our probate FAQ and glossary.

04 · Compare the sale options

What are your options for selling the house?

Once authority is confirmed, you can decide how to handle the house and its contents. Three common approaches are:

1. OPTION 01

   Sell with contents

   After authorized removal of heirlooms, mementos, and important records, offer the house without repairs or a complete cleanout.

   Compare

   Buyer expectations and the offer price for the work remaining.

2. OPTION 02

   Clear it, sell as-is

   Remove the contents and offer the house with its condition otherwise unchanged.

   Compare

   Cleanout costs, timing, and the likely sale price.

3. OPTION 03

   Prepare for market

   Remove the contents, address selected repairs, and consider paint, flooring, appliances, or staging when the likely return justifies the cost.

   Compare

   Preparation costs and time against the expected price difference.

Dan can help you compare expected selling prices with the cost and time involved in each approach. He can connect you with professionals who provide estimates for removing or selling contents and preparing the property.

Should you handle the belongings yourself?

If you have the time and desire, you may choose to coordinate distribution to family members, an estate sale, and donations with the authorized representative. If the process is too emotionally charged or difficult to manage, Dan can introduce professionals who can help once heirlooms and mementos have been identified.

The best decisions start with the facts: the home’s condition, likely sale price, preparation costs, timing, and the family’s priorities. Explore the available inherited property solutions.

05 · Understand the valuations

Why do you need a current valuation when it is time to sell?

A real estate agent’s CMA is different from a formal appraisal. Ask your attorney and tax professional what documentation is appropriate for the estate, including whether a retrospective date-of-death appraisal from a qualified appraiser is needed.

Tax background: the IRS explains that inherited property’s basis is generally its fair market value at the date of death, with exceptions. Read the IRS guidance on inherited property and discuss your estate’s circumstances with a tax professional.

What if the owner died while the house was under contract?

Do not assume the pending sale should simply proceed or be canceled. The timing of the owner’s death, the existing contract, the property’s tax basis, and the estate’s circumstances can affect the outcome.

Consult the estate’s probate attorney and a tax professional before making a decision about the transaction.

06 · Care for the house until the sale

What other property responsibilities should you plan for?

Keep the house safe and confirm the local maintenance requirements that apply. Along with utilities, insurance, and any HOA obligations, you may need to arrange mowing, trash removal, and regular property checks.

Even an empty home can accumulate fliers and windblown litter. If you live far away or have more tasks than you can manage, Dan can connect you with local service providers who mow lawns, tend flower beds, trim hedges, and remove debris. He can also help coordinate periodic checks on the work.

How should I protect the house during a Western New York winter?

Plan ahead for freezing temperatures. Depending on the home’s systems and condition, a qualified professional may recommend winterization or keeping heat on. If fuel deliveries are needed, arrange snow removal so delivery trucks can reach the property.

Discuss the plan with the insurer and service providers so the property’s maintenance, access, and coverage requirements are understood.