Posted by
Olivia Duruike

PROBATE: CAN A PROPERTY WAITING TO GO THROUGH PROBATE BE PUT ON THE MARKET FOR LEASE by a surviving spouse?

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PROBATE: CAN A PROPERTY WAITING TO GO THROUGH PROBATE BE PUT ON THE MARKET FOR LEASE by a surviving spouse?

By Olivia Duruike   
Posted on Aug 01, 2021 in Topic: Realtor Only
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Status: Open
Viewed: 219
Asked by: REALTORS®
Posted: 2 months ago
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Silver
J. Lindsey
about 2 months ago
Of course. Assuming the surviving spouse is the owner


about 2 months ago
Bronze
Lidia Beza
about 2 months ago
An Executor have the power to rent a property in probate.


about 2 months ago
Silver
Arfacxad Cabrera
about 2 months ago
Yes, of course. Probate can last a while so it would not be a bad idea to make some money before it sells. Just make sure the details of the rental are known to the probate lawyer when it comes down to sell the property.


about 2 months ago
Bronze
Brenda Cheney
about 2 months ago
In some states, executors may rent out a property under the state's probate laws. In other states, an executor must seek permission from the court. However, there is nothing in the law that specifically prohibits renting out property while it works its way through the probate process.


Source:


legalzoom


about 2 months ago
Bronze
Laura Weisman
about 2 months ago
Yes, it can. But if the current owner secures a tenant and decides to sell the house in the future while the tenant is renting it, the new owner will be legally required to assume the existing lease at closing. In addition, the new owner will then have to honor the existing lease until the expiration date.


about 2 months ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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