Documents Needed to Close on an Estate Property
Title company asking for documents you've never heard of? This guide covers exactly what you need — and what to do if something is missing.
Selling a property from an estate isn't like a normal real estate sale. In addition to the standard closing documents, you'll need court and tax documents that most sellers have never encountered.
These are the documents that most commonly delay or block estate property closings in New York.
The Four Documents That Most Commonly Delay Closings
Release of Estate Tax Lien
Why you need it
New York places an automatic tax lien on all property owned by a deceased person. The title company won't close without this release.
Timeline & notes
Filed by mail. Allow 15–30+ days for approval. Call every 2–3 days after day 15 to follow up — otherwise it can take 30+ days or get lost.
Estate Tax Certification
Why you need it
Required when the estate may be subject to NY estate tax. Filed alongside the ET-117 to obtain the lien release.
Timeline & notes
Filed together with the ET-117. Accuracy in asset valuations is critical — underreporting triggers audits.
Nonresident Real Property Tax Payment
Why you need it
Required at closing when selling NY property on behalf of an estate. Calculates the estimated income tax on the sale gain.
Timeline & notes
Prepared before closing. Your attorney or title company usually handles it, but you need to provide the estate information.
Letters Testamentary or Letters of Administration
Why you need it
Prove you have legal authority to act on behalf of the estate. The title company requires recent copies — generally with a print date within the last 24 months.
Timeline & notes
If you already have letters: go to the court in person for updated copies (~$6, same day). If you don't have letters: the probate/administration process takes ~6 months.
Other Issues That Delay Closings
Beyond the four main documents, these situations frequently cause delays:
Missing affidavits
Affidavits of heirship, affidavits of citation, and other documents the court may request after reviewing your case. Every situation is different.
Outstanding creditors
Unknown debts linked to the deceased that surface in the title search. Each must be resolved before closing.
Missing heir waivers
Some heirs don't show up or don't care, but the court wants a signed waiver. Without it, you need to cite them — which takes time.
Affidavit of heirship
Must be from a non-interested party who knew the deceased for 20+ years — sometimes a clergy member or attorney. Finding this person can be difficult.
Frequently Asked Questions
How long does it take to get all the closing documents?+
What if the title company finds liens I didn't know about?+
Do I need a lawyer to close on estate property?+
What is the ET-117 form and why do I need it?+
What does a Certificate of Letters cost for closing?+
Is your closing being held up by missing documents?
Every closing situation is different. Our team can help you identify exactly what's needed and how to get it.
Inherited a House in Brooklyn?
Selling inherited property involves court filings, tax clearances, and title issues that most agents don't understand. Keystone Pinnacle specializes in exactly this.
Get a free consultation — we'll walk you through the process, the timeline, and what documents you need.
Not legal advice — estate property advisory and court filing guidance.