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


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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