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A relative died and made me personal representative of his estate how do i evict the people he had living with him &paying rent.

Elma, WA |

We need to probate the will and sell the house.
thank you

they did not have a written agreement it was until they could find their own place to move into.

Attorney Answers 4


  1. You need to open an estate so that you can be appointed as PR. At that point, you will have legal authority to evict the tenants. Since you are going to be dealing not only with probate law, but also landlord/tenant law, it would be extremely advisable for you to retain legal counsel.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. In additional to Mr. Frederick's correct advise. You cannot evict a tenant who has an active lease. Even though the landlord may have died, his estate is still bound by the contract. You cannot evict them until they cease to pay rents, have damaged the property to an extreme level, or the lease runs out.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC


  3. After you have been appointed PR by the court, then you can evict them, as long as you follow the proper procedure. If you are going to evict them, let them know now so they can have as much notice as possible...perhaps they will simply leave if you ask them to. You would be surprised how quickly folks will vacate a house when offered $100 each to do so by the end of next month...

    This is not legal advice.


  4. As previously states, you will need to begin probate proceedings. Once you are appointed as personal representative of the estate, you can begin the eviction proceeding. If there was no written lease, then the people living with him were either there as guests or are tenants at will. Each state has its own notice requirements to give to the "tenant" to notify them that they are to move out. In many cases, a tenant at will must be given from 5-15 days notice that they are to move out. If after the specific time, they have not moved out, then you can sue them for unlawful detainer (eviction) and ask the court for an order and writ to the sheriff to have them forcibly (and hopefully peaceably) removed from the house.

    ** LEGAL DISCLAIMER I am licensed to practice law in the State of Utah. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. My responses should be considered general legal education and are intended to provide general information about the question asked. Many times, the question does not include important facts that, if known, could significantly change my answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state.

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