Table of Contents

10 min read May 23, 2023

Selling an Inherited Property in New York (2022 Updates)

On average, home sellers in New York spend nearly 9 to 12 months selling an inherited property. Median days on the market will increase significantly in the coming months due to the slowing real estate market in New York.

So, if you are ready to sell your inherited house in New York, start now!

KEY TAKEAWAYS

  • Probate Process: A probate is a legal validation of a deceased person’s will that helps to distribute the property amongst its heirs and beneficiaries.
  • Sale of an Inherited House in New York: After the probate is completed, the process of selling an inherited house is the same as selling a pre-owned house in New York.
  • Selling a House with Multiple Inheritors in New York: If the inherited property has multiple heirs, the majority can decide to sell the house by filing a lawsuit of partition action in the state probate court of New York.
  • Inheritance Tax: The state of New York does not impose an inheritance tax upon the transfer of ownership.
  • Bottom Line: In 2023, more sellers in New York are opting to sell their homes by owner. By using New York For Sale By Owner websites, you get full exposure via the MLS and save thousands in commission – negating the decline in home prices.

Can I Sell an Inherited House in New York?

Yes, you can sell your inherited house in New York after the probate process is complete. Selling an inherited property is similar to selling a pre-owned home.

Here are two crucial factors that can impact your sale:

1. Probate Process

An inherited property in New York must undergo a probate process that can take 7 to 9 months to complete. The probate period varies statewide. It can extend in case of multiple inheritors or the absence of a will.

You need to submit the owner’s death certificate and property ownership proof during the probate process. You also have to pay for several expenses such as outstanding mortgages, taxes on the property, and other bills.

Properties Exempted from Undergoing Probate Process in New York

You will be exempted from a probate process under the following conditions:

  • Transfer-on-Death Deeds: Transfer-on-death deeds allow the owner to transfer the ownership of the house to another person as beneficiary. The state of New York does not allow the transfer of real estate via transfer-on-death deeds.
  • Receive a House in Trust in New York: A property trust is a legal entity that allows the passing of the ownership of a property from the grantor (the owner) to the beneficiary. You can inherit a house directly without probate if the owner has placed the house in a trust.

2. Mortgage on Inherited Assets in New York

The mortgage on the inherited property in New York can be paid off in one of three ways:

  • You Sell Inherited Assets to Pay Off the Debt: If your inherited property in New York has outstanding debts, you can sell the inherited assets to pay off the mortgage. The profits will be shared amongst the legitimate heirs.
  • You Get the Mortgage Transferred in Your Name: You can transfer the outstanding mortgage to your name along with the real estate ownership. This allows you to own the house and pay the outstanding debt simultaneously.
  • The Property Will be Foreclosed: A New York mortgage lender can foreclose the property if no inheritor is ready to repay the mortgage.
    👾 ALIENATION CLAUSE: This clause triggers when the ownership of an inherited property is transferred to a new heir. The inheritor now has to pay off the full mortgage. However, certain laws allow you to repay the mortgage on a monthly basis. A real estate attorney can help you with this.

Taxes on an Inherited Property in New York

You have to pay taxes while selling the property in New York as well as when inheriting it.

1. Taxes When Inheriting a Property

  • Inheritance Tax in New York: Inheritance tax is a state tax applicable when you inherit property from a deceased person. However, the state of New York does not impose an inheritance tax while inheriting real property. New York inheritance tax does not apply to the spouse and children of the deceased owner. 
  • Estate Tax: New York estate tax is a state tax levied upon a deceased owner’s estate before it is transferred to the heir. Also referred to as ‘Death Taxes‘, it is only imposed on estates that have a value exceeding $6.58 million. Estate taxes rates vary over a range of 3.05% to 16%, depending upon the amount above the exempted $6.58 million.

2. Taxes When Selling an Inherited Property in New York

  • Transfer Tax: Transfer tax is a one-time fee that you (the seller) pay when transferring the ownership of your inherited house during its sale. New York Transfer tax is imposed at the rate of 1% for $500,000 and 1.425% for an amount exceeding $500,000 of the total home sale value. The rate might differ slightly within New York as per the county laws.
  • Property Tax: The state of New York imposes an average effective property tax rate of 1.68%. It is more than the national average of 0.99%. The average homeowner pays an annual tax amount of $3,755 for an average-priced home of $306,000 in New York.
  • Capital Gains Tax: Capital gains tax is imposed when you sell the house, not while inheriting it. The IRS (Internal Revenue Service) authority levies the tax on a stepped-up basis. New York imposes the standard capital gains tax at a rate of 8.82%.
    💡 Capital Gains Tax Exclusion: You can be excluded from paying capital gains tax in New York if the following criteria are met:

    1. You have lived in the property for more than two years in the last five years.
    2. You have not used the exclusion in the past two years for another property.

Selling the Inherited Property in New York

After completing the probate process, you can sell your inherited property. Selling an inherited home is similar to the sale of a pre-owned house in New York.  

You must follow a certain number of steps to sell a house in New York. They typically include-

  1. Hiring a Mediator: Hire a real estate agent or realtor to assist you in the home selling process.
  2. Pricing Your Home for Sale: Analyse the current market trends and price your home accordingly.
  3. Hiring a Photographer: Professionally photographed homes sell 32% faster. Make sure to hire among the best New York real estate photographers to create a portfolio of your house.
  4. Listing Your Home on the MLS: Homes listed on the MLS sell faster and for 17% more. You can list for sale by owner on MLS in New York via a Flat Fee MLS service like Houzeo at a flat fee.
  5. Managing Showings: Host open houses and schedule showings to attract potential buyers for your inherited property.
  6. Negotiating Offers: You must compare the offers from prospective buyers on your listing. You can also negotiate if the proposed offer is too low.
  7. Closing the Sale: The closing process mainly consists of you completing the final paperwork, and paying the closing costs and home-selling taxes.

» Closing Costs in New York: Check out how much closing costs are in New York and who pays them.

Selling an Inherited House in New York with Other People

Sometimes a single property in New York might have multiple inheritors. They may include close family members like siblings, cousins, etc. In such cases, selling a house with multiple inheritors can become difficult.

Appoint a neutral party as the head person for sale. They will ensure a transparent home sale process. The head person will also guarantee a fair distribution of proceeds amongst the inheritors.

What if All Owners Don’t Agree to Sell in New York?

In such cases, the majority of inheritors can go ahead with the sale.

You can start by filing a lawsuit known as a partition action in the New York probate court. This will allow the majority of inheritors to sell the house and distribute the proceeds amongst themselves immediately after probation.

The majority of owners can also sell the house post-probation. They must file the partition action in the local court instead of the probate court.

Ways to Sell Your Inherited House in New York

You have several options to sell your inherited home in New York:

  1. List Your New York Home on a For Sale By Owner Website: New York FSBO websites allow you to leverage technology in your home sale and save thousands in commissions. You retain control of your transaction and can engage directly with the buyer and buyer’s agent. FSBO sites will also get you listed fast, typically within 24 to 48 hours.
  2. List with a Discount Real Estate Broker: Discount real estate brokers offer all the services that traditional Realtors do but at discounted rates. They usually charge 1.5% to 3% commissions to list your home. You can also opt for a flat rate Realtor to list your home.
  3. List with a Full-Service New York Realtor: Hiring a full-service agent may not be the best alternative. They charge a hefty real estate commission of 5% to 6%. This will decrease your net proceeds significantly. However, if you need hand-holding at each step, opt for local New York realtors in your neighborhood.
  4. Sell Your Home to an iBuyer in New York: An iBuyer can instantly make a cash offer and help you sell your house fast in New York. They make cash offers as high as 100% of the fair market value. However, iBuyers have strict purchase criteria.
  5. Sell Your New York House to a Flipper: You can sell your inherited property to professional house flippers in New York. They extend offers as high as 70% of the fair market value.
    ✍️ Pro Tip: Sell Your Distressed Inherited Property to Cash Home Buyers in New York

    Cash home-buying companies typically offer 50% to 70% of the property’s fair market value. They majorly deal in distressed and rental properties.

    » New York Cash Home Buyers: Check out our rankings.

Bottomline

Selling an inherited house in New York is a complex and time-consuming process. Your inherited home might remain in probate for nearly 7 to 12 months. You also have to pay several taxes when selling your inherited home.

All of this adds to the complexity and expenses of selling a house. We recommend you sell with a Flat Fee MLS company to ensure a smooth sale.

A New York Flat Fee MLS company like Houzeo will get your house on the MLS right after probation. An MLS listing via Houzeo will give your house maximum exposure, and you may even attract cash offers.

Eager to Know More About Houzeo?

We’ve got you covered. Check out the following video to understand why Houzeo is one of the best for sale by owner websites in the U.S.

#1 Flat Fee MLS Service

Houzeo.com

Houzeo Logo
  • Listing Fee: $399
  • Available nationwide
  • Houzeo has 4.9 out of 5 stars 4.9/5 (5,000+ reviews)

Houzeo offers 4 Flat Fee MLS packages.

  • Bronze Package – $329+: This package offers Houzeo listing only for 6 months with maximum photos.
  • Silver Package – $399+: This includes everything that home sellers typically look for.
  • Gold Package – $379+: It is Houzeo’s signature MLS package and includes all the technology Houzeo is known for Houzeo Showings, Houzeo Offers, and DigiTransact.
  • Platinum – $349+: It includes the assistance of a licensed broker to help you with negotiations, disclosures, and closing.

👉 Our Take: We recommend the GOLD plan. You’ll have access to Houzeo tech, making managing showings and offer negotiations easy! Confirm all prices on the state’s pricing page before you list.

» Houzeo Reviews: Houzeo is 100% online. You can finish listing formalities in less than 60 mins.

Houzeo is America’s #1 Flat Fee MLS service because of 4 reasons:

  1. Max Exposure: Houzeo MLS packages give you access to the MLS, Zillow, Trulia, Realtor.com, Redfin, and 100s of other websites.
  2. 5-star Customer Service: Houzeo has a fully staffed customer service desk available 6 days a week. Chats and emails are open 7 days a week. This is rare in today’s world.
  3. 100% Online: Houzeo is high-tech. For you, this means easy listing, fast changes, online showings, and online offers. Houzeo mobile app is also very powerful.
  4. No Hidden Fees: In most states, you’ll be paying just a small flat fee to list on MLS by owner. And remember, all fees are disclosed upfront, so there are no Houzeo hidden fees. You get to bypass the listing agent commission.

There are no dealbreakers with Houzeo.

» Is Houzeo Good?  Houzeo addresses all Houzeo complaints from home sellers.

Houzeo is rated 4.9 out of 5 stars by thousands of home sellers on Google & Trustpilot.

» Houzeo ReviewsHouzeo is rated Excellent by 5,000+ home sellers.

» NEED MORE CLARITY? Watch exclusive Houzeo reviews and learn why it is one of the best FSBO sites in America.

Houzeo Reviews
Real People, Real Stories
Start Your FREE Listing NOW!

Frequently Asked Questions

1. Does New York have an inheritance tax?

No. The state of New York does not impose an inheritance tax when inheriting assets.

2. How to avoid capital gains tax in New York?

To avoid capital gains tax on real estate in New York, you have to reside in an inherited house for more than two years in the last five years. You also had not used the exclusion on another property to be eligible for the exclusion.

3. Is there a time limit on selling inherited property in New York?

No, there is no time limit to sell an inherited property in New York. Once the probate process is completed and the legal inheritor is declared, you can sell your inherited property anytime.

Related:

inheritance tax ny, inheritance tax new york, new york state inheritance tax, ny inheritance tax, transfer of property after death without will in new york, nys inheritance tax, new york state inheritance laws, ny state inheritance tax, is inheritance taxable new york,

inheritance tax new york state, how much can you inherit tax free in ny, who inherits if no will in new york, inheritance tax in ny state, is inheritance marital property in ny, is an inheritance considered marital property in new york, new york state estate probate laws, housezo, houszeo, houzzeo, hozeo

Uncategorized

Save $20

On Silver & up plans

Use Coupon Code:

Copied
Need help? Call us on
(844) 448-0110