From Tenants to Heirs: How Probate Will Affect Occupants of a House

In estate and succession planning, one common question is what happens to the occupants or tenants of a property after the owner’s death. When it comes time to probate a will—the legal process known as probate in Florida—it is important to understand how this process affects those living in the house, whether as tenants under a lease or family members occupying the property.

In this article, we explain what happens to tenants and occupants during the probate process, what rights they have, and what to expect while the succession is being resolved.

What Is Probate?

Probate is the court-supervised process by which a will is validated, and the deceased’s estate is administered and distributed. It is a crucial step to ensure that the estate is distributed according to the owner’s wishes or, if there is no will, according to the laws of intestate succession.

This process can take several months or even years, depending on the complexity of the estate and whether there are disputes among heirs or third parties.

Who Are the Occupants or Tenants of the Property?

Occupants of a property may include:

• Tenants with a lease agreement: People who legally rent the home.
• Family members or friends living in the property without a formal lease.
• Heirs residing in the home before the owner’s death.

Each group has different rights during the probate process.

Rights of Tenants with a Lease During Probate

If the deceased owned the property and rented it out to third parties, tenants generally maintain their rights under the existing lease agreement. This means:

• Tenants can continue living in the property for the duration of their lease.
• The executor or administrator for the estate must honor the lease terms and collect rent payments.
• If the property is sold, the new owner must respect the lease until it expires.

Florida law protects tenants’ rights in these cases, preventing arbitrary evictions during probate.

Rights of Family Members or Occupants Without a Lease

When family members or others live in the property without a formal lease, the situation is more delicate:

• These occupants do not have a legal lease that automatically protects them.
• The executor may request their eviction if necessary to manage or sell the property.
• However, if the occupants are heirs, they may negotiate with the executor to stay or receive compensation.

Legal advice is important in these cases, as rights vary depending on the relationship to the deceased and local laws.

What Happens if the Property Is in a Trust?

If the property is held in a revocable trust created by the owner, the transfer of the property to beneficiaries is much faster and occurs outside the probate process. This means occupants or tenants will experience fewer disruptions and have clearer understanding of their rights.

Tips for Tenants and Occupants During Probate

• For tenants: Keep rent payments current and communicate with the executor or estate administrator to stay informed about the property’s status.
• For occupants without a lease: Seek legal advice to protect your rights and negotiate with the executor.
• For family members: Coordinate with attorneys and the executor to understand your rights as a potential heir or occupant.

Probating a will can create uncertainty for those living in a deceased owner’s property. Rights and possibilities to remain in the home depend on the type of occupancy and whether there is a formal lease. Timely legal advice is key to ensuring tenants’ and family members’ rights are respected during the succession process.

Do you have questions about how probate affects tenants or family members living in a property?

At Jurado & Associates, we provide personalized advice to protect your rights and those of your family during probate. Contact us by email at [email protected] or by phone or WhatsApp at +1 (305) 921-0976 for a specialized consultation.