Petersburg, IN asked in Landlord - Tenant and Probate for Maine

Q: Can a house that is going through probate in Maine be rented out? If so, how does this get initiated legally?

My mother passed last summer. House is still in probate, but her will left it to her five adult children. Can we legally rent the house out before the title is transferred to us? If so, how do we go about setting up the rental agreement?

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1 Lawyer Answer
Daniel J. Eccher
Daniel J. Eccher
  • Probate Lawyer
  • Winthrop, ME
  • Licensed in Maine

A: Probably, yes; it is quite common for people to rent real estate that is in probate. The "landlord" is technically the probate estate; the person with control would be the Personal Representative (PR) of the estate. If no one has been appointed as PR of the estate, you should petition the local probate court to appoint one before negotiating a lease. Once there is a PR, that person can negotiate a lease with any potential tenant. If you are the PR, you may want to check in with your siblings to be sure this plan is OK with all of them - they may prefer that it be sold as soon as possible, and it is harder to market real estate when it is occupied.

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