Can a beneficiary live in a house that they are to inherit while the estate is going through probate?

A house is to be sold and the money is to be split between 5 people. Can 1 of the people that were named in the will live in the house while it is going through probate?

Asked on September 6, 2018 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The beneficiary can only live in the house with the permission of the executor of the estate as they are not yet a legal owner of the premises. Otherwise, they will have to wait until they are on the title before they can move in.


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