HOMEBASE Real Estate, eXp Realty

Tenants and Squatters

Can You Sell the Probate Home to the Current Tenant?


Yes. A tenant already living in the estate home can be an excellent buyer. They know and want the property, no move-out is needed, and the sale can be smooth. In a probate sale the representative can accept a tenant's offer just like anyone else's, subject to the same authority and, where applicable, court confirmation.

The key duty is fairness to the estate. The price should reflect fair market value, supported by the appraisal and market data, so other heirs are not shortchanged, and in a confirmation sale the offer still faces the 90 percent rule and potential overbids. A tenant purchase can also sidestep the complications of selling occupied or delivering vacant. We help structure a tenant sale that is clean, fair, and defensible to the court and the heirs.

General information. Not legal advice.

Have a probate property in San Diego or Riverside County?

Ron Burner, Certified Probate Real Estate Specialist (CPRES), has guided families through 50-plus probate sales. Get straight answers with no obligation.

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