Can You Live in a House During Probate?

When a homeowner passes away, it’s common for questions to arise about who can live in the home during the probate process. Can a child, a relative, or a tenant stay in the property during this time? What happens if multiple people claim the right to live there? And most importantly, is it legal?

This article aims to answer these questions and help you understand the legal implications of occupying a property that is going through probate in the state of Florida.

What Does It Mean for a House to Be “In Probate”?

When someone passes away, their assets—including real estate—become part of a legal process known as probate, which is responsible for identifying legal heirs and distributing the deceased’s assets.

During this process, the house legally belongs to the estate of the deceased. This means that no heir has full legal control over the property until the court grants it.

Can You Live in a House That’s in Probate?

The short answer is: yes, but with conditions. It is possible for someone to live in the house while it is in probate, but there are important legal limitations to consider.

1. There Is No Legal Owner Until Probate Ends
   Until the court determines who the rightful heir or beneficiary is, the home remains part of the deceased’s estate. Even if a family member is living there, they do not have full legal rights to the property until the process is completed.
2. The Executor or Administrator Has Provisional Authority
   During probate, the court appoints an executor (if there is a will) or an administrator (if there is no will), who has the legal authority to manage all of the deceased’s assets, including real estate.

This representative has the right to decide if someone can continue living in the house, whether rent should be charged, or even if the current occupants should be evicted.

3. Multiple Heirs Can Lead to Conflict
   It’s very common for disputes to arise among heirs when one person is living in the home and the others are not. Some may demand a share of the rental value or even ask the court to sell the property and divide the proceeds.

What Are the Risks of Living in a House During Probate?

• Legal Disputes Among Heirs
  If one heir moves into the house without the others’ consent, it may lead to conflicts that delay or complicate the probate process.
• Potential Claims of Unauthorized Occupancy
  Even if the occupant is a relative, living in the property without the executor’s or court’s permission may be considered unauthorized.
• Responsibility for Maintenance and Expenses
  The person living in the home may be responsible for paying utilities, property taxes, or for repairs. Failing to do so can negatively affect the estate.

What If a Tenant Is Living in the Property?

If there was a valid lease agreement in place at the time of the homeowner’s death, the tenant has the right to remain in the home until the lease ends, provided they continue making payments.

The executor or administrator can act as a temporary landlord and, in some cases, continue to collect rent until the property is transferred to the heirs.

How Can You Avoid Conflict?

• Communicate Among Heirs: Ideally, heirs should agree on how the home will be used during probate.
• Request Court Authorization: If no agreement is reached, the executor should ask the court for instructions on who may occupy the home and under what conditions.
• Sign a Temporary Occupancy Agreement: This could include symbolic rent, maintenance responsibilities, or a clear timeline for occupancy.

When It’s Best Not to Occupy the Home

• If the property is expected to be sold
• If the house is in poor condition or is a financial burden
• If there are multiple heirs with conflicting interests
• If there’s risk of foreclosure or outstanding debt associated with the home

What Happens When Probate Ends?

Once the court determines who the legal heir of the property is, that person can decide what to do with the home: live in it, rent it, sell it, or transfer it to someone else.

From that point forward, they hold full legal rights over the property and can make decisions freely, as long as they comply with the law.

Living in a home during probate is possible, but it’s not as simple as just moving in. There are legal rules, specific court rules, and potential disputes that must be handled carefully. If you’re in this situation, the best thing you can do is seek legal advice to protect your rights and avoid complications.

Do You Need Help with an Occupancy Dispute or Understanding Your Rights During Probate?

At Jurado & Associates, we are experts in probate and protecting real estate inheritances in Florida. We can help you make informed decisions and avoid mistakes that could cost you time and money. Write to us at [email protected] or contact us by phone or WhatsApp at +1 (305)-921-0976. We’re here to help you protect what’s yours.