The passing of a loved one and dealing with their property can feel pretty overwhelming. Trying to figure out your next steps, wondering if you can continue living in their house, and how probate works are probably all questions on your mind right now. Just know you’re not alone.
These are some of the most common questions families have during an already challenging time. To avoid complications, sometimes the best scenario is to sell your house fast in Texas to help pay off any debts or funeral arrangements.
But if you’re wondering if you can live in a house during probate? The short answer is yes, but it depends on several factors.
Below, we’re going to walk you through everything you need to know about living in a property during the probate process in Texas, so you can make the best decisions during this tough time.
What Is Probate and How Does It Work in Texas?
Probate can be confusing, but the simplest way to explain it is that it’s a legal process that happens after someone passes away that settles their estate. It’s the court’s way of making sure that the deceased person’s debts get paid and their property goes to the right people in Texas. This process typically takes place in the county where the person was living.
During the probate process, the court will:
- Verify the will (if there is one)
- Appoint an executor or administrator
- Identify and value all remaining assets
- Pay any outstanding debts and taxes
- Distribute the remaining property to beneficiaries
From start to finish, the probate process takes anywhere from six months to two years, depending on how complex the estate is and if anyone contests the will. In some cities like Dallas or Fort Worth, cash home buying companies in Dallas and other areas often help families navigate this process more quickly when selling becomes necessary.
Understanding Property Ownership During Probate
The first thing you’ll want to understand is what happens to a house during probate. When someone passes on, their property doesn’t immediately change hands to a new owner; instead, it becomes a part of the estate, and the named executor becomes responsible for managing it.
The question then becomes, who owns the house during probate? Technically speaking, the estate owns the property until the probate process is finished. During this time, the executor acts as the temporary caretaker who makes decisions about overall upkeep, security, and how it’s used. Which doesn’t mean that the house has to sit empty. There are a few scenarios where people can continue living in the property during this period.
Who Can Live in a House During Probate?
Another good question to ask is who can live in the house during this time? This all depends on your relationship to the deceased and what the will says (if there is one). Here are the most common situations that would make it ok to live in the house:
Surviving Spouses
If you were the spouse of the person who passed away, you typically have the right to remain living in the home. In Texas, surviving spouses often have what’s called homestead rights, which means they have the right to stay in the house during probate.
Members of the Family Named in the Will
If the will names you specifically and states that you’re to inherit the house, you may be able to stay in the home during probate. You don’t want to assume this, however, because the executor still needs to approve your living arrangements. Another common question that comes to mind in this situation is whether the executor can sell without permission. The good news is that the executor needs court approval or beneficiary consent for major decisions like selling property.
Family Members Who Were Already Living There
Adult children or other family members who were living in the house before the person’s passing are often able to continue staying in the home, especially if they were helping care for the deceased or if the family agrees to this living arrangement.
The Executor
Can the executor live in the house? Yes, in many cases, the executor is able to live in the property. That way, they will be able to maintain the home and keep an eye on the place, or because they inherited the property and are waiting for probate to be finalized. Understanding the entire probate process for a house in Fort Worth or other cities in Texas can help executors make decisions about whether living in the property is the right choice for them.
Steps to Take If You Want to Stay in the House
If you’re plan is to continue living in the property during probate, here is what you need to know and what to do next:
- Talk to the Executor – Your first move should be to have an honest conversation with the executor. You’ll want to explain your situation and why you’d like to stay in the house. Most executors want to do what’s best for the family and will work with you if possible.
- Get Written Permission – Even if you get verbal permission from the executor, it would be wise to get their permission in writing. This will protect both of you and create a clear record of the arrangement.
- Verify Your Responsibilities – Living in the home during Texas probate comes with responsibilities. You’ll want to confirm what your responsibilities will be. Some common responsibilities could include:
- Paying for utilities and basic maintenance
- Keeping the property insured
- Maintaining the house
- Allowing access for appraisals or home inspections
- Consider Paying Rent to the Estate – In certain circumstances, you may need to pay rent to the estate, especially if other beneficiaries are involved. This just helps keep everything fair and avoid any family conflicts.
- Know the Timeline – Remember, this situation is a temporary arrangement. The probate process will eventually end, and the property will be distributed according to the will or Texas law.
Potential Challenges and How to Handle Them
Living in a probate property doesn’t come without its possible challenges. You may face family disagreements, ongoing maintenance costs, legal complications, or condition issues. Here is how you’ll want to address them.
Family Disagreements – Other members of the family may object to your living arrangements, especially if they feel it’s not fair or if they want to sell the house. The best way to handle this is to have open communication and be willing to compromise.
Financial Responsibility – You’ll want to make sure that you can afford maintenance costs, including utilities, insurance, and general upkeep, before making a commitment to stay there long-term.
Legal Complications – If the estate has unsettled debts, creditors may have claims against the house, which could complicate matters. So you will want to stay in close contact with the executor and any attorneys involved.
Property Condition Issues – When a house sits empty or is dealing with uncertain ownership, it can develop problems. Maintenance and security should be top priorities to avoid any issues or squatters.
How Long Can You Live in a House in Probate?
How long you can live in a house in probate all depends on how long the probate process takes. In Texas, with simple estates, probate might wrap up in 6-8 months, while complex cases can take two years or more.
Here are some factors that may affect timing:
- If anyone contests the will
- How complex the estate is
- How efficiently the executor handles their duties
- Court schedules and backlogs
When You Might Need to Consider Selling
Sometimes, living in the house during probate becomes less important, and it’s better for the family to sell the property. Here are some signs it might be time to consider selling the house:
High Maintenance Costs – If the house needs expensive repairs or has high ongoing costs like utilities, taxes, or mortgage payments, selling might be the most practical option for the estate. Many families have found that working with a local cash home buyer is the best way to sell an inherited property. If you’re interested in working with companies that buy houses, we buy houses in Fort Worth and the surrounding areas.
Family Conflicts – When family members can’t agree on who should live in the house or how to handle taking care of it, selling and splitting the proceeds often can help resolve these conflicts. At Four19 Properties, we’ve helped several families dealing with family conflicts successfully sell their houses. How we buy houses at Four19 Properties can often provide a straightforward solution that solves family disagreements over property decisions.
Estate Debts – If the estate owes significant amounts of money, the executor might need to sell the house to pay off debt. This situation usually requires planning and understanding how selling a property in probate works within Texas legal requirements.
Real Estate Market Conditions – If the local real estate market is strong, sometimes it makes financial sense to sell.
How To Make the Process Easier
Dealing with a house during probate doesn’t have to be overwhelming. Here are some ways to simplify the process:
Work with Experienced Professionals – Consider hiring an attorney and working with a reputable cash home buyer that specializes in probate properties. They understand the unique challenges, give good advice, and will guide you through the process.
Consider Cash Buyers – If you decide to sell, cash home buying companies in Dallas and other Texas cities can close quickly, buy the property as-is, and handle the details of probate sales. This can be invaluable, especially when you need to settle the state quickly.
Keep Good Records – Document everything! All expenses, communications, and decisions related to the property should be recorded to avoid misunderstandings and to give clarity for everyone involved.
Communicate Often – Stay in touch with the executor, other beneficiaries, and any professionals involved in the process. Regular communication prevents small misunderstandings from becoming big problems.
What Happens After Probate Ends?
Once probate is complete, the house will officially be transferred to whoever inherits it according to the will or state law. At that point:
- The new owner can decide whether you can continue living there
- If you inherit the house, you’ll have full ownership rights
- If someone else inherits it, you’ll need to make new living arrangements
Getting Professional Help
When you’re grieving a loss, dealing with the probate process and any property issues, anything else that pops up can just add another layer of stress to the situation. So, a word of advice: use a probate attorney who is familiar with Texas probate laws and work with a real estate professional who is experienced in probate sales. This will make your life so much easier.
Moving Forward with Confidence
Living in a house during probate is possible, but it does require open communication, proper documentation, and realistic expectations. But keep in mind that this is a temporary situation, and having a plan in place for the future is a huge stress reliever.
If you end up staying in the house long-term, moving out after probate or deciding to sell the property during probate, just make sure you choose the best option for your family.
If you’re dealing with a probate property in Texas and feel overwhelmed by all your options, we’d be happy to help guide you through this challenging process. Feel free to reach out to us to learn more about our company, Four19 Properties. If you’re facing financial difficulties or time constraints, we can help. We buy houses in as-is condition, don’t charge realtor commissions, and can close quickly or on your timeline.
When you’re ready to explore your options or if selling becomes the right choice for you and your situation, contact us today to get a cash offer and find out how we can simplify this process for your family. With the right approach and support, you can get through this process successfully and move forward with confidence.