Can an Executor of a Will Evict a Beneficiary from the Property?

Author: Cory Pinter
Date: January 31
Inheritance Advice
Can an heir be evicted

This article explores an executor’s power to evict an heir living in an inherited home.

We will discuss what the process looks like and what an heir can do to avoid being forced out.

Read on to learn more about this intricate situation.

Can an Heir Living on the Property Be Evicted?

An executor doesn’t have automatic eviction rights, but they can remove an heir living on the property, depending on legal requirements and the particulars of the estate.

A critical element is the decedent’s will.

When it gives the heir the right to live on the property, it can make the eviction process harder and require additional legal steps. But it still may be possible.

Valid eviction reasons include an heir not honoring the terms of the will (e.g., neglecting the property or bills) and the estate’s need to sell the property to settle debts or disburse assets.

By contrast, if the will requires the executor to sell the property or divide its value, it generally strengthens the executor’s case for evicting an heir occupying the property.

It’s part of the executor’s legal duty to carry out the decedent’s wishes.

The heir’s living arrangement also matters. If the deceased gave them permission to stay or they have a lease agreement, they may have legal protection.

However, if they moved in on their own or their arrangement is no longer in effect, the executor might have more eviction leeway.

Note that even though a rental agreement provides certain protections, the executor isn’t powerless to evict. Estate debts and will instructions can be defensible reasons here, too.

Also, if the heir stops paying rent, causes substantial damage, or otherwise breaks the lease rules, the executor has grounds for eviction.

State and local laws also play a role in an executor’s eviction authority. They set eviction and probate rules, specifying what executors can do and how they must do it.

In addition, some jurisdictions have stronger tenant protections than others that also apply to heirs and restrict an executor’s authority to evict.

What Does the Heir Eviction Process Include?

Evicting an heir requires more than simply asking them to leave. There is a legal process with multiple steps.

It’s similar to evicting someone who is just a tenant. Yet it can be more complex with inheritance laws, probate, and family dynamics (for example, a brother lives in the inherited house and plans to stay put).

Here’s what the heir eviction process usually involves:

  • A Starting Conversation

The executor often starts by talking things through with the heir. That allows them to go over the will and help the heir understand why moving out is necessary.

This discussion also clarifies how the eviction process connects to them getting an inheritance, including rights and financial implications, helping the heir comprehend their situation.

  • Formal Notice

If that conversation doesn’t work, a written notice is next.

It must comply with local laws and specify the timeline and reason for eviction. The executor must take this step before legal action, and the heir gets another chance to comply voluntarily.

  • An Eviction Lawsuit

If the heir stays in the property, it’s time to file a lawsuit. In it, the executor must clearly show why eviction is required.

For example, they might explain that it facilitates selling a parent’s house to pay off estate debts.

  • Court Proceedings

Most of these lawsuits involve a court appearance where a judge hears evidence from both sides. The heir may claim a right to stay based on financial need or contributions to the property.

However, the obligation to do what’s best for the estate and the fact that an executor can evict a beneficiary if needed can carry significant legal weight.

  • Eviction Order and Enforcement

If the court rules for the executor, it will issue an eviction order. Local law enforcement can help carry that out if the heir stays beyond the deadline to vacate.

How to Avoid Eviction as an Heir?

If you’re an heir facing the possibility of eviction, there are practical actions you can take to help you stay in the home or at least leave on your own terms. Here are five strategies.

1. Have Candid Conversations

Openly talk with the executor and heirs. Understanding where they stand and sharing your feelings can lead to a solution that works for everyone involved.

2. Propose a Buyout

Let’s say you inherited your grandmother’s house with co-heirs and want to continue to live there, but they wish to sell. Consider an inheritance buyout.

By purchasing the other beneficiaries’ shares, you retain ownership and occupancy of the property, and they get their cut of the property’s value.

3. Negotiate Temporary Occupancy

If selling a house through probate is unavoidable, negotiate with the executor to temporarily stay. Paying the going rate for rent or chipping in on property expenses can help your case.

This arrangement is a win for all involved. The estate gets funds and saves the cost of an eviction lawsuit. Plus, you have more control over how and when you leave.

4. Explore Financial Solutions

An executor of a will can sell property without all beneficiaries approving if the estate is low on cash, and force you to move out. So, look for workable ways to provide a cash infusion.

For instance, tapping into your savings or refinancing the house to cover outstanding expenses can help protect your living situation.

5. Get Legal Help

The sooner you talk to a lawyer, the better, especially since a house can be sold in probate, leading to your eviction.

An attorney familiar with probate and eviction cases can clarify your rights, negotiate for you, and may even find legal ways to delay or prevent eviction.

How to Sell an Inherited Property Easily?

House buying companies offer a convenient alternative to a conventional real estate deal when selling a property.

What benefits can you expect when dealing with these buyers?

  • Cash offer: There’s no anxious wait for mortgage approval and no going through home appraisals and inspections required by lenders. The deal won’t be mortgage-financed.
  • Fast deals: These companies close in days versus months so you can sell probate property fast.
  • Simpler process: Unlike traditional sales, you won’t drown in paperwork. These deals typically involve less documentation, making the process far less overwhelming.
  • No fixes or cleanup required: Whether you’ve inherited a house that needs work or inherited a hoarder house, they will purchase the property in its present condition.
  • No real estate agent commissions: With a professional home buyer, you don’t have to use a realtor and pay them a commission.
  • Help with settlement costs: Most cash buyers absorb closing costs, making it one less thing you have to worry about and reducing your expenses.

Our website features a curated list of reputable cash buyers to choose from when you are selling an inherited house as is. Get a cash offer from a few local firms and go from there.

Those interested in exploring additional options can find tons of practical advice in our in-depth guide to selling a house you inherited.

Cory Pinter

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About the Author

Cory Pinter is a seasoned real estate investor with a proven track record of closing hundreds of transactions. Since 2018, he has specialized in inherited properties, providing invaluable guidance and support to individuals managing inherited real estate. Cory's comprehensive knowledge of the real estate market, combined with his empathetic...

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