How To Evict Someone From Your Inherited House?

Confirming your legal claim to the inherited house is the foundation for any eviction effort. Without clear ownership proof, courts will reject every notice you send.

1. Locate the decedent's will or trust document. If none exists, request a copy of the probate docket from the county clerk; a probate filing automatically establishes the estate's existence.
2. File a petition for probate (or small‑estate administration if the value falls below the state threshold). The court issues letters testamentary (or letters of administration) that name you as personal representative.
3. Obtain a certified copy of the title abstract from the county recorder. Compare the listed owners to the letters testamentary; any discrepancy signals a title defect that must be cured before proceeding.
4. Record the letters testamentary with the recorder's office. This public filing updates the chain of title and gives you the legal authority to act on the property.
5. If multiple heirs exist, request a consent decree or partition agreement to clarify each party's share. Without unanimous consent, the court may require a formal partition action before any eviction can be enforced.

These documents collectively prove you own, or control, the inherited house. The next section examines the occupant's legal status using this authority as a baseline.

Assess the occupant's legal status by confirming who legally controls the property and whether any rights to stay exist.

• Verify ownership through the probate docket; the court's letters of authority spell out who may occupy the home (what probate court does with inherited property).
• Review any recorded lease or rental agreement; a signed contract gives the occupant a tenancy that supersedes informal claims.
• Examine the title for joint‑tenant designations or survivorship clauses; spouses or co‑heirs often retain a statutory right to remain.
• Determine if the occupant qualifies as a lawful heir, a licensor, or an adverse possessor; state statutes define the notice period each status triggers.
• Consult local property records and a probate attorney; jurisdiction‑specific rules can turn a squatter into a protected occupant in minutes.

The first formal notice must be a written demand that meets the exact notice period required by the state where the inherited house sits, names the occupant, cites the breach, and warns of eviction if the breach isn't cured.

• Determine the statutory period. Consult the state's landlord‑tenant code (e.g., 3‑day pay‑or‑quit for non‑payment, 30‑day termination for month‑to‑month tenancies). State landlord‑tenant statutes guide notice timing.
• Draft the notice. Include: property address, your ownership claim, specific violation, deadline counted in days, and a statement that the notice satisfies the statutory requirement.
• Choose a delivery method approved by the jurisdiction. Acceptable options typically are personal service, certified mail with return receipt, or posting on the door followed by mailing a copy.
• Document everything. Retain the original notice, proof of service, and a log of any communications; this packet becomes the evidentiary backbone for the later court filing.
• Set a calendar reminder. The deadline marks the start of the eviction timeline; missing it forfeits the right to proceed.

With proper service completed, the next step proceeds to filing the eviction action in the local housing or civil court, not probate court, and the timeline outlined in the upcoming section will apply.

Probate court never handles eviction; its job is to validate that you own the inherited house before any removal lawsuit proceeds.

1. Secure probate authority. After the estate opens, the court issues letters testamentary (or letters of administration). Those documents prove you  -  as executor or administrator  -  can act on the property (as we covered above when confirming inheritance rights).
2. Record the deed. File the letters testamentary with the county recorder, then record a new deed transferring title to the estate or directly to you. This creates a clear ownership chain that the eviction court will accept.
3. Choose the proper venue. File the eviction complaint in the landlord‑tenant division of the circuit or district court, not in probate. Cite the recorded probate documents as proof of title.
4. Serve the occupant. Deliver the statutory notice‑to‑vacate (typically 30 days) and attach a copy of the probate order; this satisfies both probate and tenancy requirements.
5. Attend the hearing. Present the probate docket, the recorded deed, and the notice. The judge issues a writ of possession, which the sheriff enforces.

Proceed to the next step, 'anticipate your eviction timeline,' to gauge how long the court process will take.

The eviction timeline hinges on the required notice period and the local court's docket speed, so expect anywhere from a few weeks to several months before the occupant actually vacates.

Most states mandate a written notice ranging from three days for a clear‑cut breach to thirty or even sixty days for a month‑to‑month occupancy (see state eviction notice requirements).

Once the notice expires, the heir files a complaint in the appropriate landlord‑tenant or civil court, not probate. Courts typically assign a case number within two to six weeks, then schedule a hearing that can occur within two to eight weeks of filing, depending on the jurisdiction's backlog. The judge often renders a judgment at the hearing, and a writ of possession - required to physically remove the occupant - generally takes an additional one to three weeks to be executed.

Because statutes and court calendars differ dramatically, the safest bet is to verify the exact notice length and expected filing schedule under the homeowner's state law or by consulting a local attorney (as we covered above). Anticipating these variables helps prevent surprise delays and feeds directly into the budgeting considerations discussed next.

Budget for Eviction Expenses

Estimating out‑of‑pocket costs before you file keeps the process from becoming a surprise (the numbers vary by state, but the categories stay the same). As covered in the filing‑in‑probate step, eviction itself occurs in landlord‑tenant or civil court, not probate court, so probate filing fees belong to estate settlement, not the eviction budget.

• Court filing fee: $100  -  $400, depending on jurisdiction (eviction filing fee guide)
• Service of process: $50  -  $150 per occupant, plus any extra mileage
• Sheriff or constable levy for enforcing the writ: $150  -  $300 per execution
• Attorney retainer or hourly rate (if you choose representation): $250  -  $500 per hour, or a flat $1,000  -  $3,000 for a straightforward case
• Miscellaneous costs (document copies, notarizations, post‑court storage): $50  -  $200

Add a modest contingency (10 % of the total) to cover unexpected court‑date changes or extra service attempts. This figure feeds directly into the budgeting section that follows, just before tackling sibling co‑heir scenarios.

The only route to remove a living sibling co‑heir is a court‑ordered partition, not a routine eviction. Because the occupant also holds title to the inherited house, ordinary notice‑and‑vacate notices have no legal bite; the property must be divided or sold under a probate court decree (see how partition actions work).

File a partition petition, request either a buy‑out of the sibling's share or a forced sale, and let the court set a hearing - usually within 30‑60 days of filing. If the court orders a sale, proceeds distribute proportionally, and the remaining party gains clear title. Expect attorney fees of $2,000‑$5,000 plus filing costs; the process typically stretches 90‑180 days. As we covered in 'assess the occupant's legal status,' confirming ownership is step one, and the next section on 'consult local inheritance attorneys' will help navigate jurisdiction‑specific quirks.

No‑lease family occupants stay in the inherited house without a written lease, so their right to remain hinges on inheritance law, dower or survivorship rights, and state tenant‑notice rules.

Confirm the occupant's legal claim, serve the statutory notice required in your jurisdiction (typically 30 days for month‑to‑month occupants, longer for seniors or long‑term residents), and then petition the appropriate court - probate for estate‑related defenses or civil housing court for a standard eviction - once the notice period expires (as we covered above).

Consider an adult child who moved in after the decedent's death; a 30‑day notice usually satisfies state requirements, after which a landlord‑tenant action proceeds. An elderly parent holding a dower right cannot be removed without a court order; filing a probate petition to resolve the survivorship claim is necessary before any eviction hearing. A sibling co‑heir occupying the property without consent must receive the same statutory notice, and the court will adjudicate ownership and possession together.

Each scenario follows the same three‑step pattern: verify claim, deliver correct notice, file the proper court action, then await the judgment before enforcing removal.

A spouse cannot be removed through a regular eviction filing; the marital or ownership interest automatically blocks a landlord‑tenant action, and probate courts will refer the matter back to family‑law proceedings (as we noted in the legal‑status assessment).

The correct pathway involves a partition suit, a divorce decree, or a specific family‑law order that addresses ownership and occupancy rights; a qualified family‑law attorney will draft the petition, serve the spouse, and seek a court‑issued possession decree, typically allowing 30 - 60 days for notice and compliance before enforcement.

When an occupant defies a written eviction order and harms the inherited house, enforce the judgment through the housing‑tenant court that issued the order and seek restitution for the damage.

Take these steps while the court's authority remains fresh:

• Compile photographs, repair invoices, and sworn statements proving the destruction.
• File a motion for contempt or breach in the same landlord‑tenant (or civil) court that granted the eviction, not in probate.
• Request a writ of possession  -  see what a writ of possession does - so the sheriff can physically remove the occupant.
• Include a claim for repair costs in the contempt proceeding or, if the amount is modest, pursue a separate small‑claims action.

Sheriff enforcement removes the refusal, while the contempt docket secures penalties and damages. Prompt documentation keeps the restitution claim solid and prevents the damage from disappearing into the estate's paperwork.

Hiring a local inheritance attorney turns a tangled probate‑and‑eviction saga into a manageable checklist. The lawyer validates your ownership, tailors the notice to the exact state‑specific timing, and files the action in the appropriate housing or civil court rather than probate court, keeping the process on solid legal footing. Experienced counsel also uncovers hidden liens or co‑heir claims before a judge ever sees the case.

When vetting counsel, prioritize attorneys who list both probate and landlord‑tenant practice on their profile. Request examples of recent inherited‑home evictions to confirm familiarity with local court calendars. Transparent fee structures - hourly, flat‑fee, or contingency - avoid surprise bills once the notice period ends. An initial meeting should yield a written roadmap that dovetails with the earlier steps, from notice to courtroom timeline (see New York State Bar guide on probate and landlord‑tenant law).