Losing a loved one is never easy—and handling their property can quickly become overwhelming.
You may be wondering what to do next, whether you’re allowed to keep living in their home, or how probate even works. If you’re feeling unsure, you’re not alone. These are some of the most common questions families face during an already emotional time.
In some cases, selling the home quickly—especially in Texas—can help cover funeral expenses or settle any outstanding debts. But if you’re asking, “Can I live in the house during probate?”—the short answer is yes, although it depends on several important factors.
To help ease your mind and guide you through this complex time, we’ve broken down what you need to know about living in a property during probate in Texas.
What Is Probate—and How Does It Work in Texas?
Probate might sound complicated, but it’s essentially the legal process that takes place after someone passes away to settle their estate. Think of it as the court’s way of making sure all debts are handled and the property is passed on to the rightful heirs. In Texas, this process usually happens in the county where your loved one lived.
During probate, the court will:
- Validate the will (if one exists)
- Appoint an executor or estate administrator
- Identify and assess the value of all remaining assets
- Settle any outstanding debts and taxes
- Distribute the remaining assets to the rightful beneficiaries
The probate process can take anywhere from six months to two years, depending on the complexity of the estate and whether the will is contested. In cities like Dallas and Fort Worth, cash home buying companies often assist families in navigating this process more efficiently—especially when selling the property becomes a practical solution.
Understanding Property Ownership During Probate
One of the first things to understand about probate is what happens to a home after someone passes away. The property doesn’t automatically transfer to a new owner. Instead, it becomes part of the deceased’s estate, and a court-appointed executor takes over the responsibility of managing it.
So, who actually owns the house during probate?
Legally, the estate retains ownership of the property until the probate process is complete. During this time, the executor acts as a temporary steward, overseeing the home’s upkeep, security, and general use. This doesn’t necessarily mean the house has to remain vacant — in fact, there are several circumstances where someone may continue living in the home during probate.
Who Can Live in a House During Probate?
The ability to live in the property during probate depends largely on your relationship to the deceased and whether there’s a valid will in place. Below are the most common scenarios where it’s typically acceptable to stay in the home:
1. Surviving Spouses
In Texas, surviving spouses generally have homestead rights, which allow them to remain in the home during probate, regardless of what the will states. This provides important stability during an emotionally difficult time.
2. Family Members Named in the Will
If you’re specifically named in the will as the heir to the property, you may be allowed to reside there during probate. However, it’s important to remember that the executor still holds authority during this period and must approve any living arrangements. Also, significant decisions — like selling the home — usually require court approval or agreement from all beneficiaries.
3. Family Members Who Were Already Living in the Home
Adult children or other relatives who were living in the house before the owner’s passing may often continue residing there, particularly if they were caregivers or if the family supports the arrangement.
4. The Executor
Yes, an executor can live in the home during probate — especially if they inherited the property or if residing there helps them better manage and maintain the property. For executors in cities like Fort Worth or elsewhere in Texas, understanding the local probate process is essential in making informed decisions about living in the estate home.
Knowing who can stay in a house during probate — and under what conditions — helps prevent misunderstandings and ensures that the estate is handled properly and respectfully.
Can You Stay in a House During Probate in Texas? Here’s What You Need to Know
If you’re hoping to stay in a loved one’s home during probate, you’re not alone. It’s a common question—and yes, you can stay in the house under certain conditions. But there are steps you should take to protect yourself and keep the process smooth.
✅ 1. Talk to the Executor
Start by having a respectful, honest conversation with the executor of the estate. Let them know your intentions and see if they’re open to an agreement.
✅ 2. Get Written Permission
Even if they say it’s okay, get it in writing. A simple written agreement can prevent future misunderstandings and protect everyone involved.
✅ 3. Understand Your Responsibilities
If you stay in the home, you may be expected to:
Pay utilities and insurance
Maintain the property
Allow access for inspections or appraisals
✅ 4. Be Prepared to Pay Rent
If there are multiple heirs, paying rent to the estate may be necessary to keep things fair and avoid conflict.
✅ 5. Know the Timeline
Probate is temporary. In Texas, the process may take 6–8 months for simple cases or over two years for complex ones. Once it’s complete, the house will be distributed according to the will or Texas law.
Challenges You Might Face
Family Disagreements – Not everyone may agree with you staying. Be open to compromise.
Ongoing Costs – Be sure you can handle the home’s upkeep, insurance, and bills.
Legal Issues – Creditors may still have claims against the home. Stay informed.
Maintenance Problems – Take care of the property to prevent damage or security risks.
When It Might Be Better to Sell
Sometimes staying in the home isn’t the best choice. You might want to consider selling if:
The house has high maintenance or repair costs
There are ongoing family conflicts about the property
The estate has large debts
The real estate market is in your favor
At JZ Home Buyers, we help families sell probate homes fast and stress-free. We buy houses in Fort Worth and nearby areas—no repairs, no fees, no delays.
Making Probate Easier
Hire a probate attorney – They’ll help you navigate legal complexities.
Consider a cash home buyer – They buy homes as-is and can close quickly.
Keep good records – Track expenses and agreements in writing.
Stay in touch – Communicate regularly with the executor and other beneficiaries.
After Probate Ends
Once probate is complete, ownership is transferred:
If you inherit the home, you’re free to stay or sell.
If someone else inherits, you may need to move out or reach a new agreement.
💬 Need Help?
We know how overwhelming this process can be. If you’re navigating probate and considering your options, JZ Home Buyers is here to help. Whether you stay or decide to sell, we’ll support you every step of the way.
Moving Forward with Confidence
Living in a house during probate is possible, but it takes clear communication, proper documentation, and realistic expectations. Just remember—this is often a temporary situation, and having a plan in place for what comes next can ease a lot of stress.
Whether you plan to stay in the home long-term, move out once probate is complete, or decide to sell the property during the process, the most important thing is choosing what’s best for your family.
If you’re navigating a probate property in Texas and feeling overwhelmed by your options, we’re here to help. At JZ Home Buyers, we guide families through these tough situations with compassion and experience. If financial pressure or time is a concern, we buy homes as-is, with no realtor commissions, and we can close on your schedule—quickly or at your pace.
When you’re ready to explore your options, or if selling seems like the right path, reach out to us. We’ll provide a no-obligation cash offer and walk you through how we can make the process easier for your family. With the right support, you can get through probate smoothly—and move forward with confidence.