Selling a Co-Owned Property in New York to Cover Funeral and Property Tax Expenses

Detailed answer — how it works under New York law

1. First: confirm who legally owns the property

Find the deed and determine ownership form: “joint tenants with right of survivorship” or “tenants in common” are common. Tenants in common each own a share that can be sold or inherited. Joint tenants’ shares pass automatically to surviving joint tenants when someone dies.

2. Clear title and liens before selling

Run a title search (title company or attorney). Unpaid property taxes, mortgages, or other liens generally must be paid from sale proceeds at closing. Contact the local county tax office or the New York State Department of Taxation and Finance for details about tax liens and redemption: https://www.tax.ny.gov/.

3. If all co-owners agree to sell

• Get a written agreement among the owners specifying how proceeds will be split and which debts (funeral costs, taxes, mortgages) will be paid from the sale.
• Hire a real estate agent and a closing attorney or title company. The closing will pay off liens, taxes, and any agreed funeral costs from the proceeds.

4. If a co-owner refuses to sell: partition action

If one or more co-owners oppose a sale, a co-owner may file a partition action in court. Partition actions can force either a physical division of the land (partition in kind) or a sale with proceeds divided among the owners (partition by sale). New York’s statute that governs partition actions is in the Real Property Actions and Proceedings Law; see section 901 and following for the statutory scheme: https://www.nysenate.gov/legislation/laws/RPAPL/901.

5. If an owner died: probate and executor/administrator powers

When a co-owner has died, whether anyone can sell that deceased owner’s share depends on how title was held and whether the estate is open. If the deceased owned the property as a joint tenant with right of survivorship, the share may pass to surviving joint tenants automatically. If the deceased was a tenant in common, the deceased’s share passes through the estate. The estate’s personal representative (executor or administrator) may need authority from the Surrogate’s Court to sell the property or the estate’s share. For Surrogate’s Court guidance and local procedures, see New York Courts’ self-help resources: https://www.nycourts.gov/courthelp/.

6. Paying funeral expenses from the property sale

Funeral expenses do not automatically create a lien on real property. To use sale proceeds to pay funeral costs you must either (a) have all co-owners agree in writing that proceeds will be used for that purpose, or (b) obtain a court order (for example through a probate or partition proceeding) allocating sale proceeds to those expenses. If the decedent’s estate has assets, funeral expenses are typically paid as estate liabilities in the probate process.

7. Practical timeline and likely costs

• Title search and payoff figures: a few days to 2 weeks.
• If co-owners agree: listing to closing typically 30–90 days depending on market and inspections.
• If a partition lawsuit is required: several months to over a year depending on court backlog, complexity, and appraisal needs.
• Costs: attorney fees, court filing fees, appraisal, realtor commission, title and closing costs, and payments to satisfy liens and taxes. Partition litigation significantly increases costs.

8. Who should you talk to?

Talk to a New York real estate attorney experienced in co-ownership and partition matters. If an owner died, consult an estates attorney with Surrogate’s Court experience. A local real estate agent and title company will help estimate liens and closing mechanics. For tax specifics, contact the county tax department and the NYS Department of Taxation and Finance.

Key New York legal references

• Partition actions (Real Property Actions and Proceedings Law): RPAPL §901 and following.
• New York State Department of Taxation and Finance (property tax information): https://www.tax.ny.gov/.
• New York Courts resources for probate and Surrogate’s Court procedures: https://www.nycourts.gov/courthelp/.

Disclaimer: This article explains general principles of New York law and is for educational purposes only. It is not legal advice. Your situation may have facts that change the outcome. Consult a licensed New York attorney before taking action.

Helpful Hints

• Locate the deed early. Knowing whether the title is joint tenancy or tenancy in common clarifies next steps.
• Obtain a title search before listing so you know all liens and who must sign at closing.
• Get payoff quotes for mortgages and taxes — these reduce expected net proceeds.
• If you need money quickly for a funeral, ask co-owners for a short-term written agreement to advance funds and repay from sale proceeds.
• Consider a buyout: one co-owner can buy the others’ shares if you can agree on price and terms — this avoids court costs and delays.
• If litigation seems likely, weigh the cost of a partition action against expected proceeds from selling. Litigation can erode the estate’s value.
• Keep records of funeral and estate expenses; they may be necessary in probate or settlement negotiations.
• Contact the county tax office quickly if taxes are delinquent — some counties offer short-term options to prevent tax-foreclosure consequences.