What If Someone Is Still Living in the House?
How to Handle Occupants During a Probate Property Sale in Texas
Quick Summary: What to Know if Someone Is Living in the Home
TLDR: It is common for someone to be living in a house that needs to be sold during probate. Whether they are a relative or a tenant, the first step is legal clarity. Once your attorney has confirmed the proper steps, we can assist with the real estate process. We do not provide legal advice, but we work with executors throughout Texas to help navigate the sale professionally.
A Situation That Comes Up Often
In our experience helping people handle inherited and probate property sales across Texas, one of the most common situations we encounter is this:
The house needs to be sold, but someone is still living there.
It might be a family member, a friend of the deceased, a tenant, or someone who moved in without any formal arrangement. Regardless of who it is, their presence introduces additional considerations that must be addressed.
We Are Not Attorneys
We are a real estate brokerage that focuses on probate and inherited property sales. We are not attorneys, and we do not provide legal advice. When legal issues come up, we always recommend consulting with your probate attorney first.
Our role is to assist with the preparation and sale of the property once the legal process allows for it. We work alongside your legal team when needed, but we do not speak on their behalf or make legal determinations.
Why Legal Guidance Is Necessary
Under Texas law, a person living in a property may have occupancy rights even if they do not have a written lease. For example, the Texas Property Code includes provisions that may require notice to vacate before any further legal action is taken.
We do not interpret the law or apply it to any specific situation, and we always recommend discussing these matters with your attorney. Your attorney can determine what steps are required, what risks exist, and how to proceed in accordance with Texas law and the authority granted to you through the probate court.
Common Situations We Have Encountered
Although each situation is unique, here are some examples of what we have seen:
• A sibling who lived in the house before the owner passed and refuses to move out
• A friend or caregiver who moved in during the final stages of life and has remained in the home
• A tenant with no written lease or whose lease expired years ago
• A relative who moved in after the owner passed and believes they are entitled to stay
• Multiple heirs involved, one of whom is occupying the property while others want to sell
• A person unknown to the family occupying the home without permission
In every case, the property still needs to be sold, and that process cannot begin until the occupancy is addressed properly.
hat to Ask Your Attorney
Executors and administrators sometimes do not know where to start when someone is living in the house. Here are some questions you may wish to ask your probate attorney:
• What is the legal status of the occupant
• Is a notice to vacate required before the estate can take possession
• Can a voluntary move-out agreement be used, and if so, who should draft it
• Are there risks to showing or marketing the home while someone is still inside
• What happens if the occupant does not cooperate with the process
These are legal questions that your attorney is best positioned to answer. Once you have legal clarity, we can support the next steps on the real estate side.
What We Can Do (And What We Do Not Do)
Our work begins once the legal direction has been established. At that point, we are able to:
✔ Assist in gathering factual information about the property and occupant
✔ Coordinate communication and logistics as directed by the executor or attorney
✔ Suggest third party resources such as moving companies or temporary storage providers
✔ Help schedule appointments or showings once authorized by the estate
✔ Document the timeline of events and communication for the executor's records
✔ Prepare the property for listing and bring it to market
We do not give legal advice, interpret legal rights, draft agreements, serve legal notices, or take any action that should be handled by your attorney.
What About Move-Out Agreements
In some cases, once legal authority is confirmed, the estate may consider offering the occupant a financial incentive to leave voluntarily. This is sometimes called a move-out agreement or cash for keys.
We do not initiate or negotiate these agreements. That must come from the attorney representing the estate. If an attorney drafts or approves such an arrangement, we can assist with scheduling the move-out timeline and preparing the property afterward.
A Practical Example
We worked with an executor whose relative had been living in the home and refused to leave. The family was overwhelmed and did not know what steps to take. After the attorney provided legal direction and created a move-out plan, we stepped in to assist with the logistics and prepared the property for sale. The home sold quickly and at a strong price because it had full exposure to the market.
Final Thoughts
If someone is living in a property that needs to be sold through probate, it is important to handle the situation carefully. Legal questions should always be answered by an attorney. Once that is done, we are here to support you in carrying out the necessary steps to prepare, market, and sell the home.
Our role is to help you navigate the real estate process professionally and responsibly, while respecting the legal limits of what we do.
If you are facing this situation and do not know where to begin, we are happy to talk with you and help you understand what questions may need to be brought to your attorney, and how we can help after that.
