Legal Process for Closing with Un-Probated WNY Estates?

[Shaun Ortiz]

For attorneys experienced with distressed property deals:

We often source properties where the owner is deceased, and the estate has not yet fully gone through probate or has been neglected.

What is the best legal path for an investor to take to secure this property? Can the heirs sign a contract contingent upon them opening probate, or is it legally safer to wait until a formal Executor/Administrator is appointed by the Surrogate's Court in Erie County before signing anything?