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How to Evict an Occupant from a Deceased Owner's Home

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  • 12-28-2016, 12:33 PM
    moonlief73
    How to Evict an Occupant from a Deceased Owner's Home
    My question involves landlord-tenant law in the State of: Arizona
    It is not exactly landlord-tenant relationship in our case, I was not sure where to post. A family member who recently passed away had let some stranger live in their house free of charge. The heirs now have obtained a letters of appointment of a personal rep under probate and need to take control of the property. My question is what are the legal means to remove the person occupying the house? They expect the individual may not let them in when they arrive.
  • 12-28-2016, 07:16 PM
    Mr. Knowitall
    Re: Eviction of a Person Occupying Property
    Assuming the person won't agree to move out?

    The estate should follow the standard eviction process. The lawyer for the estate can advise.

    In the alternative, it may be possible to make a "cash for keys" offer to inspire the person to move out without litigation -- but they will have to discuss that option with the lawyer for the estate, as it is important not to be accused of violating any fiduciary duties by ostensibly paying the person 'too much money' to leave.

    In terms of inspecting the house and inventorying the contents, it may be necessary to seek an order from the probate court.

    Really -- this is something for the administrator to discuss with the attorney for the estate, as there are a lot of things that could quickly become complicated or that could go wrong.
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