Legal Tips for Selling Inherited Property in Orleans and Genesee Counties

Published June 15th, 2025 by Klafehn, Heise & Johnson P.L.L.C

Inheriting property from a loved one can be both a blessing and a challenge. Whether it's a house, land, or vacation property, deciding what to do with an inherited asset often comes with emotional, financial, and legal considerations.

If you're thinking about selling inherited property in Monroe, Orleans or Genesee Counties (or surrounding areas), there are important legal steps to take before listing the property or accepting an offer. At Klafehn, Heise & Johnson P.L.L.C., we help families throughout the region handle property transfers with confidence and clarity.

Here are the key legal tips you need to know before moving forward.

1. Confirm Ownership and Title Status

Before you can sell any inherited property, you must confirm that the ownership has legally passed to you. If the property was part of an estate, it typically needs to go through probate or administration in the appropriate Surrogate’s Court.

If there was no will, New York's intestacy laws determine who inherits the property. You may need to:

Open a probate proceeding in the appropriate Surrogate's Court
Secure a court-issued executor or administrator appointment
Obtain a new deed before listing the property

Need help clearing title before selling? Contact us for guidance.

2. Understand the Probate/Administration Process

Probate or administration can take time—often several months or longer—depending on the complexity of the estate. If the property was held in a trust, you may be able to bypass probate/admnistration entirely. Otherwise, you’ll need to work through the court to gain the legal authority to sell.

During probate/administration, it’s important to:

Follow proper procedures for notifying heirs and creditors
Protect the property from damage or liability
Avoid signing contracts or listing agreements until you're legally authorized

Selling too early in the process can cause closing delays or legal disputes.

Our attorneys can help you navigate probate and prepare for a smooth sale.

3. Consider Capital Gains Tax Implications

When you inherit property, you receive a “step-up” in basis for tax purposes. This means your cost basis is adjusted to the fair market value of the home on the date of the original owner’s death—not what they paid for it.

This can significantly reduce capital gains taxes if you sell soon after inheriting. However, waiting too long or making improvements can affect how gains are calculated.

Be sure to:

Get an appraisal or valuation near the date of death
Track any repairs or renovations you invest in
Speak with a tax advisor if you're unsure about your potential tax burden

We can work with your tax advisor to make sure you're protected.

4. Confirm All Heirs Agree to the Sale

If multiple people inherit the property, such as siblings, all legal owners must agree to the sale. Disagreements can delay the process or lead to litigation if not resolved early.

Before listing the property, make sure you:

Identify all co-owners and their legal shares
Secure written agreement from all parties
Resolve disputes through legal mediation if needed

Disputes over inherited property do happen—and they can be costly. The sooner everyone is on the same page, the easier the process becomes.

We can help coordinate a smooth transaction among multiple heirs.

5. Work With a Local Attorney Who Understands Real Property Law

Real estate laws and probate procedures can vary across counties and situations. Working with a local attorney ensures that your sale meets all state and county requirements—and that your rights are protected throughout the process.

At Klafehn, Heise & Johnson P.L.L.C., we represent families throughout Orleans, Genesee, and Monroe Counties (and surrounding areas) who are managing estate matters, real estate sales, and probate proceedings.

We can assist with:

Clearing title and obtaining legal authority to sell
Drafting or reviewing sale contracts
Resolving disputes between co-heirs
Ensuring a legally compliant and timely closing

Make Selling Inherited Property Less Stressful

Selling inherited property can be complex—but with the right legal support, it doesn’t have to be overwhelming. Whether you’ve just inherited property or are preparing to list it for sale, Klafehn, Heise & Johnson P.L.L.C. is here to guide you through every step.

We help families across Monroe, Orleans and Genesee Counties (and surrounding areas) avoid mistakes, resolve disputes, and protect their interests throughout the sale process.

Schedule a consultation with our real estate and estate law team today.

Legal Disclaimer:

This article provides general information about real estate and estate law in New York State and should not be considered legal advice. Each situation is unique. For personalized guidance, contact Klafehn, Heise & Johnson P.L.L.C. in Rochester, NY. You can reach us here. Portions of this article may be considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.

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