TENANT OCCUPIED

Selling an Tenant Occupied Probate or Trust Property: What You Need to Know Dealing with an occupied property during probate or trust administration? You’re not alone.

In our 20+ years of Probate and Trust real estate experience, one of the most common and emotionally challenging situations we help families navigate is this:

The property is still occupied—either by tenants or by family members who don’t want to leave

Whether it’s a grieving relative unwilling to let go or a long-term tenant hesitant to vacate, these circumstances can stall the probate sale process. Fortunately, there are options—and The LaRoche Team is here to guide you through them.

Why Tenant Occupied Probate Properties Are Common

Often, family members remain in the decedent’s home due to emotional attachment, a sense of entitlement, or financial need. In many cases, they may not understand that their presence can delay the legal process and reduce the estate’s value.
Alternatively, the property may be occupied by tenants who were renting from the deceased. California law protects tenants’ rights, and selling with tenants in possession is not only legal—it’s often the most practical solution.

How We Help Administrators and Executors Sell Occupied Homes

At The LaRoche Team, we’ve successfully sold many probate and trust properties with occupants in place. Whether the occupant is a family member, squatter, or tenant, we understand the legal, logistical, and emotional factors that must be addressed.

Here’s how we support you through the process:

Open Communication & Legal Coordination
We work closely with your probate attorney to ensure the occupant is properly notified and any legal timelines or restrictions are followed. We also handle communication with sensitivity and professionalism.
Sell “With Tenants in Possession”
In many cases, the property can be listed and sold with the occupant still living there. We coordinate showings, inspections, and disclosures to protect both the seller and the estate.
Vacant or Not – We Handle the Cleanout

If and when the occupant vacates, we handle the full cleanout—house, yard, and garage—at our expense. If we find items of value, we will:

  • Secure them
  • Record video documentation
  • Store them safely
  • Arrange delivery to the appropriate party

Why Choose the LaRoche Team?

With over 20 years of Probate and Trust real estate experience and certification by the California Association of Realtors, we are uniquely equipped to manage even the most complicated cases—including those involving occupied or hoarded properties.
Let Us Help You Move Forward
Whether the property is hoarded, tenant-occupied, or still filled with family belongings, we’ll help you take the next step—with empathy, legal understanding, and professionalism.
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