Q: Can a realtor evict people from my deceased parents house that is being sold through probate, because I thought that my

A: For a house being sold through Probate, only the probate administrator/executor has authority to evict tenants. The administrator/executor may be having the attorney for the probate handle the eviction. It is likely that the probate attorney does not handle evictions and would then typically retain an attorney specializing in evictions. The realtor may be supervising the eviction in connection with the Probate attorney. However, bottom line is that the probate executor/administrator would be the one to sign the eviction notices and eviction lawsuit papers.

You should write a letter to the probate attorney asking him/her what attorney is handling the eviction. Send the same letter to the probate administrator/executor. Keep copies of the letters which you send and send them certified mail. If you think there is some problem with the eviction then mention what you think the problem is in the letters.

I would think that normally a person in your situation would want to have the tenants evicted so the house can be sold and so you can get your money out of the probate estate. David L. Crockett, attorney/CPA/broker

A: If the house is an asset of the estate, i.e., in the name of the decedent at the time of death and remains part of the probate estate, then the personal representative appointed by the court is the only one who can take action to evict.