How Do You Evict Someone From An Estate?

Your authority as executor determines whether you can legally start an eviction.

An estate executor acts as the court‑appointed fiduciary who gathers assets, settles debts, and distributes what remains per the will or intestacy statutes. First, obtain the letters testamentary or letters of administration; these documents prove the right to manage estate property, including the power to issue or enforce eviction notices. The role carries a duty to act in the beneficiaries' best interests while adhering to state probate rules.

Consider a widower executor who inherits a rental home where the deceased's tenant continues paying rent; the executor may serve a 30‑day notice because the lease survives the owner's death. A sibling executor of a family house occupied by a longtime house‑guest must first confirm the guest lacks a lease before demanding vacate, otherwise a court order becomes necessary. An executor handling a modest estate with no mortgage can rely on a written notice alone, while one managing a multi‑unit property with several beneficiaries often needs a probate court order to avoid liability.

In every scenario, lacking proper letters of appointment strips the executor of any eviction power (see official guide to executor duties).

Confirming authority hinges on paperwork, so gather every document that proves you control the estate before any notice is served. This packet becomes the backbone of every later step, from assessing occupant rights to filing a court order.

1. **Probate appointment** - Secure the court's letters testamentary (or letters of administration) that name you as executor.
2. **Death certificate** - Obtain a certified copy; courts often require it to verify the decedent's passing.
3. **Estate inventory** - Compile a detailed list of all real‑property holdings, personal assets, and liabilities.
4. **Property deed or title** - Pull the latest recorded deed showing the estate's ownership interest.
5. **Existing occupancy agreements** - Locate any lease, rental, or informal occupancy contract the occupant may have signed.
6. **Tax identification** - Keep the estate's EIN and recent tax filings; they demonstrate ongoing fiduciary responsibility.

Keeping originals and a set of certified copies organized now prevents delays when you later determine the occupant's legal rights (section 3) or serve the eviction notice (section 4). For state‑specific forms, see the Nolo probate form guide.

The occupant's legal standing hinges on their relationship to the estate and any documented rights they hold, so pinpointing that status is the only way to know what notice or court action is required. As we covered in the executor‑role section, the paperwork you already collected will reveal leases, life‑estate clauses, or court‑ordered occupancy, and the next step - serving the eviction notice - depends entirely on this analysis.

• Identify the occupant type: tenant under a lease, life‑estate beneficiary, licensee, or squatter.
• Review probate orders, the will, and the deed for explicit occupancy provisions (estate documents and occupancy rights).
• Examine state landlord‑tenant statutes for wrongful possession rules and required notice periods.
• Check for protected statuses (elderly, disabled, domestic‑violence victim) that trigger extended notice or alternative processes.
• Determine if a life‑estate or usufruct grants a 'right of abode' that survives probate.
• Verify any unpaid rent or utility bills that might affect the notice content.
• Consult an attorney to confirm the occupant's rights before drafting the eviction notice.

• Deliver a written eviction notice to the occupant, following the exact notice‑period required by the state where the estate lies.
• Use a method the law recognizes as valid - personal hand‑over, certified mail with return receipt, or posting on the door together with a mailed copy.
• List the executor's name, estate address, specific ground for eviction, deadline for vacating, and notice that a court order will follow if the deadline passes.
• Match the deadline to the occupant's status and the eviction reason: three to fourteen days for unpaid rent or lease breach in many states, thirty to sixty days for month‑to‑month or no‑cause terminations, longer periods for tenants with lease protections; always verify the exact timeframe in the relevant statutes or with a local attorney.
• Preserve the delivery proof - receipt, affidavit, or photos of the posted notice - and file it with the probate record if the court requires oversight. State‑specific eviction‑notice requirements

When the occupant ignores the notice, the executor must petition the court for an eviction order.

The court intervenes only after proper notice has been served, so filing is the last resort after the steps in 'serve eviction notice properly.'

Typical filing checklist

• Completed petition form for eviction of an estate occupant (often titled 'Petition for Summary Possession').
• Certified copy of the notice that was served, including proof of delivery date.
• Inventory of estate assets and any lease or ownership documents relating to the property.
• Affidavit confirming the executor's authority and the estate's status (e.g., probate docket number).
• Filing fee receipt; many jurisdictions accept cash, check, or electronic payment.

Where and how to file

• Submit the packet to the probate or civil division of the county clerk where the estate is administered.
• Request a docket date; courts usually schedule a hearing within 10‑30 days.
• Attend the hearing, present the documents, and answer any objections the occupant raises.

After the judge signs the order, the executor proceeds to 'enforce the eviction order safely', which outlines sheriff involvement and tenant removal protocols.

Enforce the eviction order by calling local law enforcement after the court order is signed, then have the officer present the paperwork to the occupant and oversee the physical removal. Keep every piece of documentation - notice, docket number, officer's report - in a folder for future reference (as we covered above when gathering required paperwork).

Schedule the move during daylight hours and use a neutral third‑party moving crew to avoid personal involvement. If the occupant resists, let the officer handle the confrontation; the executor should not intervene physically.

After the door is closed, create a safety plan that logs what was taken, where items are stored, and any damages observed; this log protects the estate if disputes arise later.

Store removed belongings in a secured area and label each box with the former occupant's name and date of removal. The next step - handling leftover belongings legally - builds on this inventory and documentation. For state‑specific guidance, see New York court eviction resources.

The executor must liquidate any personal effects the occupant abandons according to the state's probate rules, not landlord‑tenant statutes.

• Compile a complete inventory of the abandoned items and obtain fair‑market appraisals.
• Publish notice of the inventory to all heirs, beneficiaries, and known creditors; most jurisdictions require at least 30 days (California Probate Code §§ 5600‑5601; Texas Estates Code §§ 351.101‑351.115).
• If no claim arises, petition the probate court for an order to sell, donate, or discard the property, attaching the inventory and proof of notice.
• Follow the court's directive - sale proceeds go to the estate, unsold items may be disposed of per the order.

Executing these steps prevents accusations of misappropriation and keeps the estate's accounts transparent, paving the way for the upcoming section on gently evicting family members.

Handle a family member's eviction with empathy while preserving the executor's authority. Begin with a calm, private discussion that outlines the estate's obligations and the resident's rights, as we covered above. Offer concrete assistance - temporary housing leads, moving services, or a modest stipend - to ease the transition. Set a clear, reasonable deadline and confirm it in writing. Keep the tone factual, not personal, and archive the conversation for later reference.

If cooperation falters, shift to a structured, legally‑compliant route. Deliver a properly‑served notice that cites the executor's duty and the agreed‑upon timeline, then enlist a neutral mediator to keep emotions in check. Document every exchange, avoid accusatory language, and prepare for the court‑order filing discussed later. This balanced progression protects family ties without sacrificing procedural integrity.

Squatters on estate grounds are treated as unlawful occupants: the executor must issue a formal notice and, if ignored, pursue a court‑ordered removal. This sidesteps probate filings and keeps the dispute in the court that handles landlord‑tenant matters.

A written notice triggers the clock; most states allow three to five days before filing, though jurisdictions that recognize a tenancy claim may require up to thirty days. Deliver the notice personally or by certified mail, keeping proof of service (see unlawful detainer notice requirements). Probate courts oversee estate administration but do not hear eviction lawsuits.

Next, file an unlawful detainer action in the civil, superior, or housing court that controls the property's location. The court issues a writ of possession once the executor proves lack of right to occupy. As we covered in 'enforce the eviction order safely,' sheriff‑handled removal follows the writ.

The biggest pitfalls during an estate eviction are avoidable if you know them ahead of time. Here are four traps that trip up even seasoned executors.

• Assuming the occupant lacks any legal right because they aren't a named heir. Tenants may hold a lease, or a surviving spouse could have statutory tenancy; overlooking this creates a wrongful‑eviction claim.
• Skipping the formal notice timeline, believing the estate's 'dead' status waives requirements. Courts still enforce proper service periods; missing even a single day can invalidate the entire proceeding (as we covered when serving notice).
• Letting personal family drama drive the process. Mixing grievances with legal steps often leads to incomplete paperwork, missed deadlines, and costly delays.
• Ignoring squatters' rights on seemingly abandoned land. A squatter who meets statutory possession criteria cannot be removed without first obtaining a court order, or risk a breach of possession laws.

An executor should expect anywhere from two weeks to three months for a straightforward eviction, with the notice period alone consuming 30‑60 days depending on state law; filing the court petition typically adds 7‑14 days for docket entry, then another 2‑4 weeks for a hearing slot; if the judge grants an order, sheriffs usually schedule the physical removal within 5‑10 business days; delays arise when the occupant contests the notice, when the estate lacks clear ownership papers, or when local courts experience backlogs, potentially stretching the process to six months;

complex cases involving multiple heirs or disputed titles often require extra discovery, pushing the timeline an additional 30‑60 days (as we covered above in the documentation section); seasonal factors, such as holidays, can also slow service of notices and court calendars; keeping the paperwork airtight and responding promptly to any filings trims idle weeks; when the projected schedule threatens the estate's financial health, the next section explains why consulting a real‑estate attorney or professional mediator becomes prudent.

When an estate eviction spirals beyond standard paperwork, bring in a probate attorney. A seasoned probate lawyer untangles ownership disputes, interprets wills, and drafts court‑ready motions. Mediation services smooth family tensions that often accompany probate conflicts. Because the estate may involve multiple claimants, counsel ensures every legal right is respected (as we covered above).

Title specialists verify chain‑of‑title issues that could stall removal, while professional process servers guarantee proper service of eviction notices. A property‑management firm handles lock changes and security after the court order. Securing written retainer agreements shields the executor from liability. For vetted counsel, find a qualified probate attorney.