Q: If someone inherits a home and all heirs agree do we have to wait til probate to evict tenants so we can move in?
He has a copy of the will leaving the home to him. Can we use that to start the eviction process on the tenants? They are nice ppl and have lived there a few years. We gave them 3 mths but at the end of the 3 mths we dont want to have to wait another couple mths to evict if they dont move. We are paying way more in rent than his dad rented them the home for. Plus we live in an apt. His dad was a very kindhearted man and charged them pretty cheap rent as opposed to prices now days. We would hust like to be able to move in the home his dad left him and stay there. This is hard bc they are very good people,they are nice,very clean and honest people. This is a hard thing to do but our apt is not in the best shape and its very expensive and in a rough neighborhood.
A: It's easy to transfer the property out of the decedent's name and into the names of the heirs. Then, you won't have any issues with the probate court when you file eviction. Generally, unless a will says otherwise, an administrator (executor) needs special permission from the court to file an eviction action. Avoid this as much as you can. Get an attorney to help you with this because you have some issues that can present serious complications.
C. Lawrence Huddleston III agrees with this answer
A: If they do not have a lease, the Executor can evict them ... or demand that they pay a market rent. In fact, the Executor has an obligation to protect the value of the assets, and arguably to maximize the value of those assets. If this estate has real property and multiple heirs and the Executor is trying to do this himself or herself without the assistance of expert probate counsel, he or she is potentially liable to the other heirs. There is no excuse for failing to get expert help in this situation.
Andrew Popp agrees with this answer
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