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There is no legal time limit to transfer real estate after death. It could happen quickly, or it could take years. We’ve seen cases where the real estate doesn’t get transferred until generations later. A fast sale is ideal, because problems can emerge in the meantime. There is a lag between the date of death and when the executor gets legal authority to handle the property. So, even “fast” isn’t very fast.

The executor does not have full authority over the estate until he gets letters testamentary (or letters of administration) from the court. Preliminary letters give the authority to collect and manage property of the estate. They will not grant authority to distribute property. Preliminary letters are handy for entering the real estate for repairs, etc.

Theoretically, the executor can get preliminary letters within a week. They can be issued same-day in emergency situations. Realistically, getting the letters is a slow process. We’ve had properties with leaks and rodents, and it still took us weeks to get preliminary letters. We called the court daily and filed papers often, and it didn’t move as fast as we needed it to move.

If you have an estate without emergencies, you probably won’t get preliminary letters. If the court takes weeks to respond to emergency petitions, they aren’t going to move any faster for “normal” estates.

Undoing a foreclosure proceeding has legal costs and other implications. No one wants to deal with that. To prevent foreclosure, first notify the lender. Even though the mortgage company can’t give you much information without court letters, you should still inform them that you are working on the estate. If the lender doesn’t hear from anyone, they will go right to their foreclosure counsel.

When folks hear the word “foreclosure,” they think of mortgages. Your homeowners’ association or co-op board can also take action, because they aren’t getting paid either. Again, they won’t have the legal authority to work with you. But you can let them know that you are getting preliminary letters.

You should also look up and notify any other potential lien holders. There could be a mechanic’s lien, or a family member with a non-bank mortgage on the property. You might be surprised what a simple letter can do. Let them know that you are working on the estate so that no one else starts a process that is costly to undo.

There are certain things you can and can’t do without court letters.

First, you cannot forward the mail. The post office needs legal authority to do that.

You most likely cannot change the locks. Although, this is a gray area. If you are in a managed co-op or homeowners’ association, they will bar you from securing the property. You have a better chance of securing a property that is not managed. If you think it will be a contested probate, don’t change the locks. You can get in big trouble, especially in New York.

You may be able to winterize the property and secure it in other ways. Piled up mail and overgrown grass signal vacancy and can attract thieves or vandals. Even if you don’t have legal authority to clean up the newspapers, the court won’t give you a hard time deterring criminals.

Remember, the property manager may not even live in the same state. Make a relationship with the doorman or superintendent and notify them of the owner’s death. They can keep an eye on the property and let you know if something looks off. Without court letters, you won’t get access to the interior of the property. But, the doorman can let you know of a leak or pests or a problem that affects the nearby units.

Communicate with everyone until you get legal authority from the court to handle the property. Preliminary communication can stop a whole lot of problems from starting.

My book, “How Probate Works,” can help you know what to expect with probate real estate.

We’ve talked before about not making a loved one your executor. I recently read an article titled, “2 Big Reasons Not to Make a Loved One the Executor of Your Estate.” Here, we’ll add our own perspective for why it’s not a great idea.

It is a duty that begins almost immediately after the death of your loved one. You are grieving the loss while facing a list of daunting tasks. Even normal probate is a lot of work and can be tough while grieving.

In a somewhat difficult probate, you navigate the decedent’s family and friend relationships. If you are also family and friends with these people, it can be awkward. They will continually ask you when they will receive their inheritance. Some will complain that they get less money than others. You may not get far into the probate process before this happens.

It goes without saying that a difficult and dramatic probate is even more burdensome and draining.

If you think probate lasts a few weeks or months, think again! Probate lasts many months and sometimes many years. Over the past few years, we’ve seen probate take longer than ever.

Many of the executor’s tasks must be done in person. This means walking into a bank and taking care of the assets face-to-face. It is very inconvenient, especially if the executor works and has a busy home life. The executor cannot delegate responsibilities by power of attorney. An attorney can help with many tasks, but not all.

The executor should have an understanding of legal issues and risks of being executor! An executor is personally liable for mistakes they make during the probate process. This includes asset valuations, purchases, sales, tax complications, failure to pay debts, and more. The executor is liable out of their own pocket. Creditors can come after the executor’s bank and brokerage accounts and their home.

There are a lot of tax issues when administering an estate. The taxing authorities know that this is their last chance to wring every last cent out of that social security number. The IRS will go through the assets with a fine tooth comb. What if your executor doesn’t have the skills to manage assets? The executor should be able to manage real estate, financial assets, and unique assets such as small businesses, collectibles, and bitcoin. If your executor doesn’t have an existing skill set for managing assets, don’t count on them learning when you pass. It’s too much to ask someone to learn how to manage assets while they are mourning.

Many people think things will be fine as long as their executor hires the right people (lawyer, CPA, etc.). It is important to have a good team during probate, but it is not enough. Each of these professionals have their own incentives and opinions. And remember, none of them are personally liable. Just because you hire a lawyer to help with probate doesn’t mean you will get the best advice. Even if your CPA is great at doing your income tax returns doesn’t mean they know how to do tax returns for an estate. You need professionals who have a solid understanding of probate.

The article we reviewed also recommends working with experienced professionals. People are starting to hear more about professional executors. Whereas, even 5 years ago, it wasn’t quite as popular. If you want to learn more, check out my book, “How to Hire an Executor.” When people understand what professional executors do, they like the option. They are thrilled to have that burden lifted off of their loved ones.