Can You Live in the House During Probate?

Losing a loved one is an emotional and challenging time, and dealing with practical matters like the probate process can feel overwhelming. A common and urgent question that arises is whether you can continue to live in the deceased person’s home while the estate is in probate. Concerns about the mortgage and who has the right to occupy the property are completely normal.

Here’s a breakdown of what to expect and how to navigate this situation in California.

The Short Answer: Yes, But Be Prepared

In most cases, you can continue to live in a house that is going through probate. In fact, the estate representative often prefers that someone lives on the property to ensure it is maintained and secure. You will likely not be asked to leave until the probate process is complete and the home’s ownership has been legally transferred to the beneficiaries.

However, it’s crucial to understand that this arrangement is temporary. The probate process can take several months or even years if legal disputes arise. It’s wise to start thinking about and planning for alternative living arrangements as soon as possible.

Understanding Your Rights as an Occupant

If you are not the legal owner of the home but lived there with the deceased—whether as a family member, caregiver, or tenant—it’s important to clarify your legal status during probate. You may be allowed to stay temporarily, but you likely do not have long-term rights unless you are a named beneficiary or joint owner. During probate, the estate executor or administrator is responsible for maintaining the property in the best interest of all heirs. If you’re unsure of your rights, it’s wise to consult with a probate attorney to avoid disputes or forced eviction. Document your relationship to the deceased and your contribution to the household, as these details may be relevant.

How to Prepare Financially During Probate

While staying in the home, you may be expected to contribute toward expenses like property taxes, utilities, or even mortgage payments—especially if the estate cannot fully cover these costs. Start by gathering relevant documents such as utility bills, mortgage statements, and homeowner’s insurance information. Keep open communication with the estate’s representative about who is responsible for what. If you’re a beneficiary and interested in keeping the home after probate, being proactive can help avoid surprises and reduce stress as the legal process unfolds.

Potential Complications to Consider

While living in the house is generally allowed, there are scenarios that could complicate the situation:

• Disputes Among Beneficiaries: If you are a beneficiary living in the home and other beneficiaries also inherit the property, they may want to sell it or collect rent. This can lead to litigation and family disputes.
• Mortgage and Debt: The estate representative may require you to pay rent to the estate to cover the mortgage and other expenses. If the estate has significant debts, the home may need to be sold to satisfy creditors.
• Complex Legal Issues: The probate process can be prolonged by various issues, such as:
  • The home being jointly owned with others
  • Ambiguities in the will or the discovery of multiple wills
  • Unresolved claims against the estate
  • The home being transferred into a trust (which would not be subject to probate)

Navigating the Probate Process with Confidence

Dealing with the legal complexities of a real estate property in probate can be overwhelming. The Kiken Group, with probate attorney Dale Kiken, offers invaluable assistance in Orange County, Riverside, and Los Angeles, California. We can make a difference for your case and guide you through the legal intricacies, helping you make informed decisions about your living situation and other aspects of the probate proceedings.

Living in the house during probate is often possible, but it’s a temporary solution. By being proactive and seeking legal guidance, you can prepare for the future and ensure a smooth transition for everyone involved.