What If Someone Is Living in the Probate Home Without Permission?

If a person is occupying the estate home without a legal right, whether a squatter or a relative who will not leave, they must be removed through the proper legal process, not by force, changing locks on them, or shutting off utilities. California prohibits self-help evictions, and improper removal can create liability for the estate.

The right path

Once appointed, the representative works through an attorney to establish that the occupant has no legal right and, if needed, to pursue a formal unlawful detainer to regain possession. If the person has been there long enough to be considered a tenant at will, additional notice rules apply. Documenting the situation and acting through counsel protects the estate. We help representatives coordinate possession issues so the home can be sold with clear occupancy, and some investor buyers will even purchase occupied.