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People also ask


  • Can an executor rent out a house in probate?

  • Renting Property An executor does have the power to rent a property in probate. It is more desirable to have a tenant in the property during the probate process than leave the property idle. The rents from a tenant can pay the property taxes and monthly mortgage payment.

  • Is it illegal to live in a house in probate?

  • No, there is nothing illegal about occupying a property in probate but an appropriate agreement for rental should be made unless the you are inheriting the entire house. * This will flag comments for moderators to take action.

  • Can I Rent my Uncle’s house while waiting for probate?

  • I am an executor of my uncle’s estate. I understand that I cannot sell his house until probate is granted but is it possible to rent it out while waiting for probate ? If so, would the rental then form part of his estate? Yes, you can rent it out (assuming any other executors agree).

  • What happens to property during the probate process?

  • As probate can be a long process, an executor is normally named and confirmed by the court to be responsible for the property during the process. This includes the personal property, such as artwork, jewelry, stocks or bonds in addition to real property. Real property consists of land and the structures on the land.