When someone passes away, this often causes major life changes for loved ones. In some cases, death can even impact where you live. That’s especially true if you were living in a home that was owned by the person who has died.
If this is your situation, you are most likely wondering if you are allowed to live in a home while it is in probate. The answer to this question can be more complicated than you’d think.
If you want personalized advice on this or other issues that arise during the probate process, a Los Angeles probate lawyer at Albertson & Davidson, LLP can offer help. You can reach out and schedule a consultation with our California probate and estate litigation lawyers to learn more. You can also read on to find out what the rules are for living in a home while it is in probate.
Contact our firm today online or give us a call.
Can you live in a home while it is in probate?
No law in California automatically prevents you from living in a home during probate. However, the executor appointed to administer the estate will generally be responsible for managing the property during probate and has the authority to make decisions about its use within the confines of California law and the executor’s duties to the estate.
In many cases, the executor will not immediately begin trying to remove you if you are currently living in the home. If you are renting the home and you have a lease, your rights within the lease generally remain valid. The estate and, in most cases, the new owner of the home will typically have to honor valid lease terms.
If you are not yet living in the home, the executor might allow you to rent it or move into it if you stand to inherit, depending on the instructions left by the deceased person, the needs of the estate, and the executor’s obligations to the estate.
Who will inherit the home?
While you may be able to continue living in the home while it is in probate, your long-term ability to continue living in the home likely depends on who inherits the house. In some cases, the title to the home determines this.
- If the home was owned as community property with rights of survivorship, the surviving spouse or registered domestic partner inherits.
- If it was owned as joint tenants with rights of survivorship, the joint tenant inherits
- If it was owned in a trust, the property will pass according to the terms of the trust
- In other situations, a will may control who inherits, or intestacy laws will control if there was no last will and testament or other estate plans in place
If you inherit the home, then of course you can remain in the home, and it will become yours. In other situations, when someone else inherits, then eventually, when the home passes to the new owner, you will likely have to leave at some point unless they choose to allow you to remain indefinitely.
Contact an experienced California probate and estate litigation lawyer for help
Albertson & Davidson, LLP can help you when conflicts arise during the probate or trust administration process. Reach out today online to speak with an experienced Los Angeles estate litigation lawyer on our team who can help you understand and protect your legal rights.