Skip to main content

Can an executor evict the inheritor from a house in the estate?

Mesquite, TX |

Executor is the friend of the family. He wants to evict the inheritor and his family from a house in the estate before the estate is settled. All beneficiaries have agreed that it's okay for him and his family to stay at the house, as it prevents break-ins, and they are caring for the property and paying the bills. Nothing in the estate is being left to this man, only to the beneficiary siblings... and they have a huge problem with his eviction threats.
Does he have the right to evict the family?

+ Read More

Attorney answers 2


The executor has the right to manage the property of the estate. However it seems odd that he would want to evict someone, only to transfer the property to them later. The will provisions may even provide a defense to the eviction, since the person who is to inherit the property would have equitable title.

I can't think of any reason he would want to evict the person who is to interit the house, especially if they're paying the bills and caring for the property in the meantime, so I suspect there may be more to this story.


The executor was appointed by the court to manage the estate's assets including the house. It does seem weird that he would want to evict the person inheriting the house in the interim. If you question the eviction decision, then file a motion with the court to decide the issues. You will need a probate attorney to help you.

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer