What can be done to evict a beneficiary from the premises until probate is settled?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can be done to evict a beneficiary from the premises until probate is settled?

My mother passed and 18 days later my brother also died. He was living in my mother’s house, along with his daughter. She refuses to pay rent or move out or give any other of the survivors a key to the house as we hold more interest in the property than she does.

Asked on December 22, 2017 under Estate Planning, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The estate's personal representative (the executor if there was will; the court-appointed administrator if no will) has the right to remove any "guest" from the property if he or she thinks that doing so is better for the "estate" or the bulk of the beneficiaries, such as in that it will prevent wear and tear on the home, save money on utilities, let the home be remodeled, or prevent one beneficiary from getting an unfair benefit (rent-free living) over other beneficiaries. Non-tenant guests have no right to remain in property they do not own. Therefore, while you need a personal representative to be authorized or appointed by the court to have the legal power to act, that PR can remove the daughter if the PR feels it is the right thing to do. She would be removed using a procedure commonly called (though your state may have a different name for it) "ejectment," which is eviction for non-tenants. This is a fairly technical legal proceeding, and a procedural mistake can force you to start over; the PR would be well-advised to retain an attorney to help. (A landlord-tenant attorney should know how to do this.)
This would have to be done before probate, in the interest of the estate of the beneficiaries as a group; after probate, when this woman now gets her share of or interest in the home, she will be on the owners, and an owner has the right to use/occupy property. The majority owners could force the sale of the home, but not force a co-owner out pending sale.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption