My father died and the only asset is his house.
Do I have to file a proceeding in Surrogate's Court to have it turned over to my siblings and to me?
Answer
Not necessarily. Under New York law, "title to real property automatically vests in the heirs of a decedent who dies intestate" (Wilson 3 Corp. v Deutsche Bank Natl. Tr. Co., 172 AD3d 960, 961 [2d Dept 2019], citing Matter of Roberts, 214 NY 369, 377 [1915]). So if your father died intestate (without a will) and was not survived by a spouse, the property is owned by you and your siblings (as well as the children of any predeceased siblings) as of the time of his death. You should contact the appropriate tax office, as well as the clerk of the county where the property is located, to see what the requirements are to list you as owners. You may also wish to consult a real estate attorney to prepare a deed to make the title to the property "cleaner." If your father died testate (with a will), the property would likewise vest immediately in the designated beneficiary, though a probate proceeding would be necessary to confirm the validity of such bequest, so as to be able to modify the property's title accordingly.