How to Manage Probate Property Tenants

Managing a probate property is one thing; managing a probate property with tenants is another level entirely. Whether it's a long-term renter, a family member who stayed behind, or a tenant-at-will, the situation requires thoughtful navigation. Emotions run high, legal timelines are strict, and relationships can be delicate.

Here’s how to approach tenant situations in probate with clarity, compassion, and confidence.

Start with the Legal Basics

When someone passes away, their property enters probate—and that includes any tenants living on-site. But tenants don’t automatically lose their rights just because ownership is shifting. Check for:

• Lease agreements: Is there a written lease in place? Month-to-month or long-term?

• Rent status: Is the tenant current, behind, or living rent-free?

• State laws: Local landlord-tenant and probate laws may impact what you can and cannot do during probate.

A good probate real estate agent works closely with the estate attorney to ensure everything is handled by the book.

Communicate with Empathy

Whether the tenant is a stranger or a sibling, your role is to approach them with empathy, not just authority. This is especially true in probate.

Here’s what to do:

• Introduce yourself early, in writing and in person if possible.

• Acknowledge the loss and explain your role with sensitivity.

• Clarify next steps gently, whether it’s continued tenancy, cash-for-keys, or eventual sale of the property.

Clear, kind communication can ease resistance and build trust, even when difficult changes are coming.

Evaluate the Tenant’s Willingness to Cooperate

Every tenant situation is different. You might encounter:

• A paying tenant who wants to stay

• A family member who feels entitled to the property

• A squatter with no legal agreement at all

Start by understanding their intentions. Are they open to moving? Willing to negotiate? Avoid making demands before gathering this insight—you’ll gain more traction by listening first.

Create a Timeline and Offer Support

Once you know the legal and emotional landscape, it’s time to build a plan.

Options may include:

• Cash for Keys: A payment in exchange for vacating voluntarily (faster than eviction).

• Rent Back Agreements: For tenants who need time after a sale is finalized.

• Relocation Support: Providing resources or referrals to local rental properties, movers, or social services.

Whatever you do, document everything and keep the probate attorney in the loop.

Document and Prepare the Property

While the tenant is still living in the home:

• Take detailed photos of the property (with their consent if occupied).

• Note any deferred maintenance or issues that may affect value.

• Begin outlining your listing strategy, keeping in mind that showings may be delayed until the property is vacant.

This sets you up for a smoother transition once the tenant vacates and positions you as the steady hand clients can count on.

Pro Tip: Collaborate with a Probate-Savvy Property Manager

If the estate will retain the tenant for several months or longer, bring in a property manager experienced with probate. They can:

• Handle rent collection and maintenance

• Ensure legal notices are delivered properly

• Act as a buffer between tenant and estate during emotional times

This frees up the family and estate representatives while ensuring the tenant is treated fairly.

Final Thoughts

Handling probate property tenants is a balancing act. It requires legal knowledge, emotional intelligence, and a clear plan. But when done well, it protects the estate, honors the occupants, and allows everyone to move forward with dignity. You're not just helping to sell a house. You’re helping people find resolution during a hard season with peace, purpose, and a plan.