Selling a co-op or condo as part of an estate is rarely just a simple business transaction. For the executors and beneficiaries, it can be an emotional and confusing process. Whether you're handling the sale of a loved one’s property or supporting someone who is, careful preparation and expert guidance can ensure a smooth and respectful process.

Legal Representation and Initial Steps

Start by contacting the estate attorney—ideally, someone familiar with the decedent’s affairs. The attorney will guide the probate process:

• If there's a Will, it must be submitted to probate, allowing the named executor(s) to legally manage and distribute assets.
• If no Will exists, property may be transferred through a process called “Intestacy”. In that case, the decedent is considered as having died intestate. The Surrogate’s Court will appoint an Administrator, typically the closest living relative, to oversee the estate. Property will be distributed according to New York State intestacy laws.

Some co-op boards may allow co-ops to be held in trusts, but only with prior board approval and legal review.

An experienced attorney will help obtain essential documents and advise on legal steps required to proceed with the sale.

Required Documents for the Sale

To sell the property, particularly a co-op or condo in NYC, the estate must typically provide the building’s managing agent with:

• Death Certificate
• Copy of the Last Will and Testament (if applicable)
• Preliminary Letters Testamentary, Letters Testamentary (with a will) or Letters of Administration (if no will).
• For co-ops: Original Stock Certificate and Proprietary Lease
• For condos: Original Deed
• Documentation for release of any tax liens (if applicable)

Preliminary Letters Testamentary are usually issued by the Surrogate’s Court within several weeks of filing which makes the sale process more expedient than waiting for the Surrogate’s Court to issue Letters Testamentary. Preliminary Letters Testamentary allow the Executor to manage the decedent’s assets, including entering into a Contract of Sale on behalf of the seller’s estate.

If a mortgage exists, the bank usually holds the originals. A lien search (co-op) or title report (condo) will confirm outstanding loans or liens. Discrepancies in ownership records should be resolved early to avoid delays.

Lost documents, such as stock certificates or proprietary leases, can be replaced. For condos, deeds can also be replaced—a certified copy can be obtained from the County Clerk’s office or via NYC ACRIS. Your attorney or title company can help with this process.

Choosing the Right Attorney and Broker

Executors should work with an attorney familiar with both estate administration and NYC co-op/condo transactions. If one lawyer does not cover both areas, it’s common to engage a second attorney to assist with the property sale—often reducing delays and, in some cases, costs.

Your real estate broker should also understand estate sales and the probate process. A good agent will:

• Navigate sensitive family dynamics with diplomacy
• Help prepare the apartment for sale
• Creatively market the home to the right audience

If the decedent died with a Will, the apartment can be listed and shown once Preliminary Letters Testamentary or Letters Testamentary are issued by the Surrogate’s Court. Equipped with either Preliminary Letters Testamentary or Letters Testamentary, the transaction can proceed to closing. Note that the sale proceeds can't be distributed until the Surrogate’s Court issues the full Letters Testamentary to the Executor.

Preparing the Apartment for Sale

While waiting for probate approval, use the time to clean and prepare the home. A well-presented apartment will sell faster and for a higher price.

Declutter
Remove personal belongings, excess furniture, and medical items.

Refresh
A fresh coat of paint and a professional cleaning can make a big impact.

Stage
Staging helps buyers envision themselves in the space. Whether it’s light accessorizing or full furnishing, it’s often a smart investment, leading to quicker sales and offers 5–20% higher on average.

Final Thoughts

Being organized from the start can save time, reduce stress, and prevent complications down the line. Buyers don’t want surprises—and neither should you.

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The Deanna Kory Team works closely with attorneys, stagers, contractors, and organizers to simplify the process and help you present the home in the best possible light. From alternate floor plan suggestions to full-scale preparation, we’re committed to making the experience seamless—and getting you the best possible result.