A family member can live in a deceased person’s property while waiting for probate, but only with explicit permission from the executors, as beneficiaries have no automatic legal right to occupy inherited properties until probate completes and the estate is distributed according to the will.
Recent government data shows significant improvements in probate processing times, with applications now taking an average of just over four weeks to complete compared to twelve weeks at the end of 2023.Ā Around 80% of grant applications are now completed online, with digital applications taking on average just over two weeks to complete, whilst those who complete applications online and submit documents without issues receive probate in less than a week on average.Ā
The average total time from submission to grant issue for online applications has reduced to 4.9 weeks for applications submitted in the quarter to March 2025, down from 14 weeks at the height of delays.Ā
These improvements matter enormously for families dealing with property inheritance, as the faster probate process reduces the uncertainty period when living arrangements remain unclear.
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What Legal Rights Do Family Members Have During Probate?
Under Section 12 of the Trusts of Land and Appointment of Trustees Act 1996, beneficiaries are only entitled to occupy property when specific conditions are met.Ā The trust’s purpose must include making the land available for occupation, and the land must be held by trustees and available for use.Ā Since executors don’t legally hold the property until probate is granted, beneficiaries cannot force access or occupancy unless the deceased’s will explicitly grants this right.
Executors and administrators have absolute power to decide how estate property is managed during probate.Ā This means they can grant or refuse permission for family members to live in inherited properties, and their decisions carry legal weight until probate completes and ownership transfers to beneficiaries.
When Can Family Members Stay in Inherited Properties?
Family members may be permitted to occupy inherited properties during probate under specific circumstances. If the will explicitly states that someone can occupy the property upon the deceased’s death, executors should grant access immediately.Ā When executors agree that having someone in the property helps with maintenance, security, and utility management, they often allow occupation.
The following table outlines different scenarios and their legal implications:
| Situation | Legal Position | Occupancy Rights | Executor Decision Required |
|---|---|---|---|
| Single beneficiary inheriting | Strong position | May negotiate residence | Yes, executor discretion |
| Multiple beneficiaries | Weak individual rights | No automatic rights | Yes, must consider all interests |
| Will specifies occupancy | Legal right exists | Right to remain as stated | Limited power to override |
| Previous resident/carer | Depends on circumstances | No automatic continuation | Yes, case-by-case basis |
This framework demonstrates how occupancy rights vary dramatically based on specific inheritance circumstances and will provisions. Understanding your legal position helps determine what arrangements might be possible during the probate period.
Property Saviour’s Market Insights: What Reddit Users Really Experience
Our analysis of inheritance forums reveals illuminating insights about the real challenges families face beyond legal technicalities. Many Reddit users describe feeling caught between family loyalty and financial necessity, with one contributor noting how their sister living rent-free in the inherited home created deep resentment amongst siblings struggling with their own mortgage payments.
A particularly valuable observation from experienced property inheritors highlights how early family communication prevents most disputes, but many families avoid these difficult conversations until crisis points emerge. Several forum participants emphasise how emotional attachment to family homes often clouds practical decision-making, with one user advising that “the emotional investment in an inherited family property will cloud your judgement”.
Professional property advisers consistently note that whilst keeping inherited properties feels emotionally right, most beneficiaries would benefit financially from selling and investing the proceeds rather than dealing with joint ownership complexities and ongoing maintenance responsibilities.
What Conditions Apply When Living in Property During Probate?
Family members permitted to occupy inherited properties during probate must follow strict conditions to avoid legal complications. They cannot remove any items of monetary or sentimental value, as these may form part of the estate distribution.Ā No structural alterations, extensions, or even minor decorating work like painting doors is permitted during the probate period.
Essential responsibilities include:
Maintaining the property in its current condition
Paying all utilities, council tax, and insurance costs
Allowing executors and valuers access when required
Keeping detailed records of all expenses and maintenance
Understanding that no ownership rights exist until probate completes
Occupants must also accept that their residence remains entirely dependent on executor approval and can be withdrawn if circumstances change or disputes arise.
How Long Does the Probate Process Take in 2025?
Current probate processing times have improved dramatically following government intervention to address pandemic-related backlogs. Online applications now average 4.9 weeks from submission to grant issue, whilst paper applications take approximately 13 weeks.Ā For straightforward online applications submitted without errors, probate can be granted in less than a week.
The complete probate process, including estate administration and distribution, follows these typical stages:
Initial application and document preparation (2-4 weeks)
Probate registry processing (4-13 weeks depending on method)
Estate valuation and debt settlement (4-12 weeks)
Asset distribution and property transfers (2-8 weeks)
Complex estates involving overseas assets, trusts, or disputed wills take considerably longer, often extending to 12-18 months for complete resolution
Can Executors Charge Rent to Family Members Living in Inherited Properties?
Executors can charge market-rate rent to family members occupying inherited properties during probate, particularly when multiple beneficiaries are involved.Ā This arrangement acknowledges the financial benefit provided to the residing family member whilst ensuring other beneficiaries aren’t disadvantaged by delayed property sales or distributions.
Rent charges help address potential resentment from non-residing beneficiaries who may feel the occupant receives unfair advantages. Many inheritance disputes stem from perception that one family member benefits disproportionately from continued residence whilst others wait for their inheritance proceeds.
What Happens If Family Members Refuse to Leave After Probate?
When family members refuse to vacate inherited properties after probate completion, executors may need to pursue legal action for possession orders. Courts generally favour property sale unless specific circumstances justify continued occupation, such as housing young children or disabled family members requiring specialised accommodation.
One documented case involved an executor successfully obtaining possession orders against a sister who refused to leave their father’s house, with the court ordering her to pay legal costs from her inheritance share.Ā These proceedings can damage family relationships permanently whilst creating substantial legal expenses for all parties involved.
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