Occupancy of a property during probate depends on the specifics of the decedent’s estate plan and applicable state law. If the decedent’s will names a specific devisee to inherit the property, that individual may be granted the right to reside in the house pending the completion of probate. Alternatively, if the property is part of a trust, the trust beneficiaries may have occupancy rights. Absent a will or trust specifying occupancy, state intestacy laws will determine heirship, and those heirs might have a right to possession. An executor or administrator appointed by the court is responsible for managing the property during probate and must act in the best interest of the estate, which may include determining occupancy. For example, if the will is silent on occupancy and the estate has multiple beneficiaries, the executor might permit one beneficiary to live in the house while charging rent to preserve estate assets.
Understanding the legal framework governing property occupancy during probate is essential for protecting the interests of all parties involved. Clear guidelines on possession can prevent disputes among beneficiaries or heirs and ensure the proper management of estate assets. Historically, probate laws have evolved to address potential conflicts over property ownership and provide a structured process for transferring assets to rightful inheritors. This includes establishing mechanisms for determining who can reside in a property during the often lengthy probate process.
