🔑 Executor’s Power of Sale and a Specific Devise (Analyzing a 2023 NY Surrogate’s Ct. Decision)

This post discusses a 2023 New York Surrogate’s Court decision addressing a recurring estate-administration issue: When real property is specifically devised under a will, what limits apply to an executor’s authority to sell that property?

As a general rule, specifically devised real property vests in the devisee at death. That vesting, however, is subject to estate administration. The executor’s ability to manage such property does not necessarily include the power to sell it, particularly where other estate assets exist and the will does not expressly grant sale authority over the specific devise.