Probate Knowledge Center

Tenants and Squatters

Selling with occupants and clearing possession issues.

• What if someone is living in the probate home without permission?Unauthorized occupants must be removed through the proper legal process. Avoid self-help; the representative should act through counsel.
• Can I sell a probate home with a squatter or holdover occupant?Yes, though occupancy affects price and buyer pool. You can resolve possession first or sell to an investor willing to take it on.
• Can I sell the probate home to the current tenant?Yes. A tenant can buy the estate home like any buyer, which can mean a smooth sale, though the price must still be fair to the estate.