Sell Estate Real Property in Brooklyn under SCPA Article 19
Selling a decedent’s Brooklyn real estate often becomes essential during probate. SCPA Article 19 provides the statutory roadmap, and the Kings County Surrogate’s Court (2 Johnson St., Brooklyn, NY 11201) enforces the rules.
Why a Parcel May Need to Be Sold
Under SCPA § 1902, a fiduciary—or, if necessary, a creditor or beneficiary—may seek an order authorizing sale when:
| Reason for Sale | Typical Brooklyn Example | Practical Impact |
| Paying estate debts & administration expenses | Credit-card balances, legal fees, bond premiums | Converts illiquid brownstone equity into cash to keep probate moving |
| Satisfying funeral expenses & estate/income taxes | Large estate-tax bill requires liquidity | Prevents penalties, interest, or tax liens |
| Equalizing or funding beneficiary distributions | Three heirs but only one property | Proceeds are divided pro rata, avoiding partition suits |
| Property is specifically devised but subject to liens or unsafe conditions | Will leaves townhouse to niece, but violations / mortgage arrears threaten foreclosure | Court may allow sale and substitution of cash equivalent |
| Preserving or maximizing estate value | Vacant building accruing HPD violations and water charges | Sale stops waste and daily fines |
| Funding elective-share or right-of-election payments | Surviving spouse elects against will; liquid assets are short | Ensures statutory share is satisfied |
| Settling creditor claims after 7-month period | Medicaid or personal-injury lien pops up post-letters | Eliminates need for costly litigation |
Who May File?
- Executor or Administrator with Kings County letters
- Creditor or Beneficiary if the fiduciary refuses or lacks authority
- Trustee of a testamentary trust holding title
Brooklyn-Specific Filing Checklist on How to Sell Estate Real Property in Brooklyn
| Requirement | Brooklyn Tip |
| Verified Petition (SCPA § 1903) stating statutory grounds and detailed reasons above | Attach NYC ACRIS deed, tax map, and current DOF tax bill |
| Certified Letters & Death Certificate | Bring extra copies; clerks keep one |
| Citation & Service List | Citation is mandatory. List each distributee/beneficiary with last-known address |
| Attend Return Date of Citation if you do not have consent from all interested parties. | Kings calendar: Tuesdays & Thursdays, 10 a.m. |
| Form ET-117 (Release of Estate-Tax Lien) | Obtain from NYS Tax Dept.; Court will not sign sale order without it |
| Proposed Contract of Sale / Listing Agreement | Include broker’s license number and “subject to Surrogate’s Court approval” clause |
Kings County Procedure at a Glance
- E-File petition/exhibits (NYCEF) with $210 filing fee.
- Citation Issuance & Service pursuant to CPLR §§ 308–309.
- Return Date before the Surrogate at 10 a.m. on a Tuesday or Thursday. Uncontested matters often granted on papers; objections trigger conferences and discovery.
- Order Authorizing Sale issued once jurisdiction is complete and necessity proven.
- Contract Confirmation (SCPA § 1913) filed with appraisal and Form ET-117.
- Report of Sale & Interim/Final Accounting within 90 days of closing.
Form ET-117: Don’t Skip the Lien Release
Every New York parcel carries a 15-year automatic estate-tax lien. Title companies will not close—and Kings Surrogate will not sign your order—without Form ET-117 releasing that lien. Apply early; processing can take 4–6 weeks.
Common Brooklyn Pitfalls In Order to Sell Estate Real Property in Brooklyn
- Co-op Board Approvals – Require both Surrogate’s order and ET-117; start board package early.
- Environmental/HPD Violations – Judges may condition sale on escrow for outstanding fines.
- Out-of-State or Missing Heirs – Citations mailed and published; delays return date if service is incomplete.
- Disagreeing Heirs Objecting to the Sale – this will become a contested proceeding and the matter will be conferenced and may proceed to a trial if not resolved.
FAQs on How to Sell Estate Real Property in Brooklyn
Only if every interested party signs a written waiver and consent—rare in Brooklyn estates.
Uncontested: 4–6 months. Add 30+ days for ET-117 delays or if objections are filed.
Yes—if the contract expressly states it is “subject to approval of the Kings County Surrogate’s Court.”
Contact RK Law To Sell Estate Real Property in Brooklyn
Need to sell estate property in Brooklyn? Call RK Law PC. We appear regularly on the Kings County Surrogate’s Tuesday/Thursday calendars and can shepherd your Article 19 petition—from citation to ET-117 to closing.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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