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How to get access to estate granted by court (probate)

Atlanta, GA |

Tenant (heir) living in estate after owner deceased. Tenant will not allow court appointed administrator to access estate. Administrator attempted to evict tenant court denied. Tenant has no lease agreement tenant does not pay bills. Home is going into foreclosure. Administrator requested assistance from police-denied police stating it is a civil matter. What petition is needed to be filed in probate to demand access to premises. PLEASE if you are going to state that I need to hire a lawyer, understand the tenant is an heir that has stolen all of the decedents assets and I am attempting to get some actions taken on my own. I understand this is not a pro se matter however I must do what I can.

Attorney Answers 3


  1. The court may have denied the petition to evict because eviction is traditionally available only when a landlord-tenant relationship exists (i.e., there is a lease). In Florida, the proper action is an ejectment, rather than an eviction. A court order for turnover might also work if worded correctly based on fiduciary duty and strength of title. In Florida, a writ must be secured after the ejectment in order for the local authorities to post notice and (later) remove the resident. Have the estate attorney consult with a real property or landlord-tenant attorney who may be more familiar with this (or a related, more appropriate) cause of action.


  2. Probably the reason you have so much trouble thus far is that this simply isn't a pro se project. Properly presented, a dispossesory likely wouldd have worked. You could certainly also make a motion to the probate court, and request a hearing. With a foreclosure also involved, so frankly are way over your head without counsel.

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  3. If the house is going into foreclosure it might be in your best interest to let it go. I am assuming if there was money available to save it from foreclosure you would have already done that. Evicting the "tenant" from the foreclosed home will become the bank's problem. All that being said, if there is some reason that you need to get into the house you may be able to request a court order specifically stating your right to enter. The Sheriff should be willing to assist you with entering the property with such a court order.

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